Discharge in summons case

chethana (Querist) 15 March 2014 This query is : Resolved
JMFC CAN DISCHARGE THE ACCUSED IN SUMMONS CASES? KINDLY TELL US ANY PROVISION WHEN ACCUSED CAN BE DISCHARGED UNDER THE PROVISIONS OF CR.P.C?

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Arvind Singh Chauhan (Expert) 15 March 2014
There is no specific provision.

Rajendra K Goyal (Expert) 15 March 2014
Academic query.

T. Kalaiselvan, Advocate (Expert) 16 March 2014
Under the provisions of section 245of Cr.P.C., 1973, which reads thus"If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing, in this section shall be deemed to prevent a Magistrate from discharging he accused at any previous stage of the case if, for reasons to be recorded Magistrate, he considers the charge to be groundless."

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