When accused shall be discharged
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Summary
Magistrate must consider the police report and the documents sent under section 173, may examine the accused if needed, and must give both the prosecution and the accused an opportunity to be heard. If after that the Magistrate considers the charge groundless, the accused shall be discharged. The Magistrate must record the reasons for discharging the accused.
Example
Rohan is accused of stealing from a neighbourhood shop. The police send their report and documents under section 173 to the Magistrate. After questioning Rohan and hearing the prosecution, the Magistrate finds the charge groundless and discharges Rohan, recording the reasons.
Bare Act
Enacted textIf, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
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