law: Code of Criminal Procedure Act, 1973
  
  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 for presuming that the accused has committed an offence triable under
  
  this Chapter, which such Magistrate is competent to try and which, in his
  
  opinion, could be adequately punished by him, he shall frame in writing a
  
  charge against the accused.
  (2) The charge shall then be read and
  
  explained to the accused, and he shall be asked whether he pleads guilty or has
  
  any defense to make.
  (3) If the accused pleads guilty, the Magistrate shall record the plea, and
  
  may, in his discretion, convict him thereon.
  (4) If the accused refuses to plead, or does not plead or claims to be tried or
  
  if the accused is not convicted under sub-section (3), he shall be required to
  
  state, at the commencement of the next hearing of the case, or, if the
  
  Magistrate for reasons to be recorded in writing so thinks fit, forthwith,
  
  whether he wishes to cross-examine any, and, if so, which, of the witnesses for
  
  the prosecution whose evidence has been taken.
  (5) If he says he does so wish, the witnesses named by him shall be recalled
  
  and, after cross-examination and re-examination (if any), they shall be
  
  discharged.
  (6) The evidence of any remaining witnesses for the prosecution shall next be
  
  taken, and after cross-examination and re-examination (if any), they shall also
  
  be discharged.