Power to stop proceedings in certain cases
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Summary
Where a summons-case is started otherwise than on a complaint, a First Class Magistrate or, with prior sanction of the Chief Judicial Magistrate, any other Judicial Magistrate may stop the proceedings at any stage for reasons recorded by him, without pronouncing a judgment. If stoppage occurs after the principal witnesses have given evidence, the Magistrate pronounces acquittal. In any other case the accused is released and that release has the effect of discharge.
Example
Rohan is summoned in a minor theft case started on a police report. After the prosecution's principal witnesses give evidence, the Magistrate stops the proceedings and pronounces Rohan acquitted.
Bare Act
Enacted textIn any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.
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