Code:
In 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.
Explanation:
This section empowers a Magistrate to stop proceedings in a summons case instituted otherwise than upon complaint. This means the case is initiated by the court, not by a private individual filing a complaint.
Here’s a breakdown of the section:
- Magistrate’s Power: A First Class Magistrate or any other Judicial Magistrate (with the Chief Judicial Magistrate’s permission) can stop the proceedings.
- Reason for Stopping: The Magistrate must record the reasons for stopping the proceedings.
- Stage of Proceedings: The Magistrate can stop the proceedings at any stage.
- Judgment of Acquittal: If the proceedings are stopped after recording the evidence of the principal witnesses, the Magistrate can pronounce a judgment of acquittal.
- Release of Accused: In other cases, the Magistrate can release the accused, which effectively discharges them.
Illustration:
Suppose a First Class Magistrate initiates a summons case against a person for alleged violation of traffic rules. During the trial, the Magistrate finds that the evidence presented is insufficient to establish guilt beyond a reasonable doubt. The Magistrate, after recording their reasons, can stop the proceedings and release the accused.
Common Questions and Answers:
Q: What is a summons case?
A summons case is a legal proceeding initiated by the court directly, without a complaint filed by a private person.
Q: When can the Magistrate stop the proceedings?
The Magistrate can stop the proceedings at any stage, even before or after recording evidence.
Q: What happens when the proceedings are stopped?
If the proceedings are stopped after recording the evidence of the principal witnesses, the Magistrate can pronounce a judgment of acquittal. In other cases, the accused is released.