Acquittal in summon case
sanjay aggarwal
(Querist) 11 June 2012
This query is : Resolved
does mm has power to acquitt the accused after summon him and found somemaintainbility issue before the stage of section 251
or is there any case law in this regards
sanjay aggarwal
(Querist) 13 June 2012
dear as per section 258 it is clearly mention otherwise then upon of complaint case and case u/s 138 on ni act is complaint case
SAINATH DEVALLA
(Expert) 13 June 2012
Section 251crpc: Substance of accusation to be stated.
When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.
Section 258 crpc:
Power to stop proceedings in certain cases.
In any, summons that 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 .
GENTLEMAN WHATELSE DO YOU REQUIRE?
sanjay aggarwal
(Querist) 13 June 2012
dear sainath as per section 258 it is clearly mention otherwise then upon of complaint case and case u/s 138 of ni act, is complaint case thus, mm has no power to stop the proceeding,hence as per my knowledge there is only one option i.e. section 482
Shonee Kapoor
(Expert) 19 June 2012
No, the MM can acquit the accused only after the trial.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
