https://www.taxtmi.com/caselaws?id=20018 In a warrant case instituted otherwise than on a police report, the Magistrate must first hear the prosecution and record the evidence produced under section 244 before considering discharge under section 245. The requirement to take oral and documentary evidence at that stage is mandatory, and discharge is not permissible before the prosecution evidence has been recorded, except where the charge is already shown to be groundless on material lawfully before the court. A discharge petition entertained prematurely, alongside refusal to issue process and record evidence, is procedurally improper. en-us Wed, 25 Aug 1993 00:00:00 +0530 Wed, 11 Nov 2009 11:39:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=20018 In a warrant case instituted otherwise than on a police report, the Magistrate must first hear the prosecution and record the evidence produced under section 244 before considering discharge under section 245. The requirement to take oral and documentary evidence at that stage is mandatory, and discharge is not permissible before the prosecution evidence has been recorded, except where the charge is already shown to be groundless on material lawfully before the court. A discharge petition entertained prematurely, alongside refusal to issue process and record evidence, is procedurally improper. Case-Laws Income Tax Wed, 25 Aug 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=20018