CrPC S. 253, S. 254, S. 258 – warrant case instituted on complaint – ‘discharge' or ‘acquittal' – Procedure – Once a charge is framed, the Magistrate has no power under Section 227 or any other provision of the Code to cancel the charge, and reverse the proceedings to the stage of Section 253 and discharge the accused – Excepting where the prosecution must fail for want of a fundamental defect, such as want of sanction, an order of acquittal must be based upon a ‘finding of not guilty' turning on the merits of the case and the appreciation of evidence at the conclusion of the trial – Order of discharge passed after framing of charge is illegal – If after framing charges the Magistrate without appraising the evidence and without permitting the prosecution to produce all its evidence, ‘discharges' the accused, such an acquittal, without trial, even if clothed as ‘discharge' will be illegal.
Held,
In a warrant case instituted otherwise than on a police report ‘discharge' or ‘acquittal' of accused are distinct concepts applicable to different stages of the proceedings in Court. The legal effect and incidents of ‘discharge' and ‘acquittal' are also different. An order of discharge in a warrant case instituted on complaint, can be made only after …….. (LogIn to read)
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