Power to stop proceedings in certain cases
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Summary
A First Class Magistrate, or any other Magistrate with the previous sanction of the Chief Judicial Magistrate, may stop a summons-case instituted otherwise than upon complaint at any stage for reasons recorded by him, without pronouncing any judgment. If proceedings are stopped after the evidence of the principal witnesses has been recorded, the Magistrate may pronounce acquittal; in other cases the accused is released and that release operates as a discharge.
Example
Ravi faces a summons-case that began on a police report rather than a private complaint. After the main witnesses give evidence, the Magistrate records reasons to stop the proceedings and pronounces acquittal. Ravi is released and treated as discharged.
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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