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 allows the Magistrate to exercise discretionary power to stop proceedings in specific cases, ensuring that justice is served efficiently and effectively. This power is applicable when:
- The offence is not within the Magistrate’s jurisdiction: If the Magistrate lacks the legal authority to try the alleged offence, they can stop proceedings and direct the case to the appropriate court.
- Insufficient grounds for proceeding: When there is a lack of evidence or other grounds to support the prosecution, the Magistrate can halt further proceedings.
- Transfer to another Court or Magistrate: Circumstances may necessitate transferring the case to a different court or Magistrate, for instance, due to a conflict of interest or for more efficient handling.
Illustration:
Imagine a case where an individual is accused of theft but the value of the stolen items is below the threshold for a particular court’s jurisdiction. The Magistrate, recognizing this, can use Section 258 to stop proceedings in their court and direct the case to a court with jurisdiction over petty theft. This ensures the case is heard in the appropriate forum.
Common Questions and Answers:
Q: Can the Magistrate stop proceedings on their own initiative?
- A: Yes, Section 258 grants the Magistrate the discretion to stop proceedings even without a specific application from any party.
Q: What happens to the accused if proceedings are stopped?
- A: If the case is transferred, the accused will continue to face charges in the new court. If the proceedings are stopped without transfer, the accused is effectively discharged from the charges.
Q: Are the accused’s rights considered during the decision to stop proceedings?
- A: Yes, the Magistrate must consider the accused’s rights and ensure fairness in the process. The decision to stop proceedings should be based on sound legal reasoning and not arbitrary.
