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Ashish vidyarthi,
I think you are getting too confused by mixing up all the sections together. The section 244(2) of Cr.P.C. states that a magistrate on the application of the prosecution, issue a summon to any of its witnesses directing him to attend or to produce any document or other thing. While Sec 246(4) states that the if the accused wishes to cross examine any, and, if so, which of the witnesses of the prosecution whose evidence has been taken. Sec 246(5) states that if the accused says he does so wish, the witnesses named by him shall be recalled and after cross examination and reexamination (if any), they shall be discharged. Sec 246(6) states that the evidence of any remaining witnesses for the prosecution shall next be taken. Sec 247 states that the accused shall be then be called upon to enter upon his defence and produce his evidence and the provisions of Sec 243 shall apply to the case.
The contradictions between the 161 statement and other evidences of the witnesses can be highlighted during final argument of the case. Hope this answers your question.
Kalaiselvan sir thanks lot for your reply.I think I have got various sections right but may beI erred in explaining the query.I was referring to section 244(1)
244 (1) " When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution."
By section 246,I was referring to246(1)
"246. Procedure where accused is not discharged
(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground r presuming that the accused has committed an offence triabie under this Chapter,wilich such Magistrate is competent to try and which, in his opinion, could be adeqtiateiv punished by him, he shall frame in writing a charge against the accused."
I will try to explain my query more clearly without talking of any section.
I am asking about a 498A case filed as complaint to magistrate under crpc190(1),which was sent for police investigation under 156(3).
CRPC161 statements were taken of wife and her mother only.There are material contradictions between the two statements recorded by IO under crpc161.
My query is that
A)can the prosecution present as its witness wife's sister whose crpc161 statement was not taken ,while not presenting wife's mother as witness? If yes under what section?
B) can accused compell wife's mother to undergo cross examination? If yes at what stage and under which section?Accused wants to be tried.
You are requested to kindly elaborate again in light of these clarifications.
Thanks and
regards ASHISH
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