V. BHASKARA RAO, J.

( 1 ) THIS is a petition filed under Section 482 Cr. P. C. , to quash thecharges framed against the petitioners-accused.

( 2 ) THE complaint in these quash proceedings is that the Magistrate,before whom the 1st respondent-complainant filed the complaint against petitioners, has without recording any evidencethough not the entire evidenceframed charges against the petitioners and others under different heads, thereby denying them the opportunity of being considered for discharge in terms of Section 245 of the Code of Criminal Procedure and therefore the charges are liable to be quashed.

( 3 ) TO appreciate the above submission of the learned counsel, Shriveerabhadra Rao. it is necessary to advert to certain provisions in the Code that have bearing on the present matter. Whenever a complaint is presented before a Magistrate, Section 200 Cr. P. C, obligates the Magistrate to examine the complainant on oath besides the witnesses, if any. After such an examination of the complainant and the witnesses, if any, and on consideration of the statements recorded so, in case the Magistrate is of opinion that there was nn ground to proceed ahead with the complaint, he shall dismiss the complaint under Section 203 Cr. P. C, after recording his reasons therefor. In case the Magistrate is of the opinion that there is sufficient ground for proceeding ahead with the complaint, he shall issue summons or warrant as the case may be. In the instant case, it is not in dispute, the Magistrate had issued process for appearance of the accused under Section 204 of the Code of Criminal Procedure and in response thereto the accused-petitioners also appeared before him. Further this is a complaint instituted by a private party, i e. the 1st respondent, and the case is also one triable under warrant procedure. The procedure in such cases is laid down by Chapter XIX- B (trial of warrant cases instituted otherwise than on police report ).

( 4 ) CHAPTER XIX-B starts with Section 244 Cr. P. C. The sectionreads thus:"244. Evidence for Prosecution : (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. (2) The Magistrate may, on the -application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. "

( 5 ) THEREFORE, as per Secrion 244 Cr. P. C. , on the appearance of theaccused the Magistrate shall hear the prosecution and take all such evidence as may be adduced. The contention of Mr. Veerabhadra Rao is that the magistrate in this case has not recorded any, much less the entire, evidence. Had the Magistrate recorded at least some evidence, the counsel submitted, the accused petitioners would have had an opportunity of being considered for discharge under Section 245 Cr. P. C.

( 6 ) SECTION 245 reads :"245. When accused shall be discharged : (1) If, upon tak ing all the evidence referred to in Sec. 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall, discharge him. (2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recordeded by such Magistrate, he considers the charge to be groundless. "

( 7 ) AS seen, Section 245 Cr. P. C. contemplates discharge of theaccused at two stages, viz. (i) after recording of all the evidence referred to in Sec. 244 and (ii) at any previous stage of the case. It is Section 246 Cr. P. C. that provides procedure in cases where the accused is not discharged. It runs as under :"246. Procedure Where Accused is not Discharged : (1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrat

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