Code of Criminal Procedure, 1973–Secs. 244, 245 & 249–Penal Code, 1860–Sec. 120-B–Pre-charge evidence was allowed to be produced after closing the same–Whether the accused can demand the discharge u/s. 249 or the order can be held in the ambit of review of own earlier order and hit by the provisions of Sec. 362, Cr.P.C. ?–Held, no–In the present case, the petitioner accused was tried for the offences which are required to be tried as warrant case–Provisions of Sec. 249 applies in the cases which can be lawfully compoundable and are non-cognizable–Further, the Magistrate has only discretion to discharge the accused because of the absence of the complaintant–Furthermore,
the order passed by the Court below up to effect that if the complainant will not produce the pre-charge evidence, the evidence will be deemed to be closed, is neither a judgment nor a final order which can come in the ambit of Sec. 362–Plea negated.
