Discharge from 498a and 406

Section 239 of the  Code of Criminal Procedure states when accused shall be discharged.

If, upon due consideration of the police reports and all the documents sent under Section 173 along with examinations of the accused, if any, as Magistrate thinks obligatory and after hearing prosecution as well as accused, the Magistrate considers the charge to be groundless against the accused, he shall discharge the accused and also record his reasons for doing so.

Essential elements for Discharge

The Court will have to consider the Charge sheet and the Police Report submitted to it by the Police under Section 173, following are the essential elements:

• The Magistrate may, if he deems fit, examine the Accused.
• Thereafter the arguments of both the Prosecution and the Accused Parties and their versions would be heard versions.
• Grounds against the accused to be baseless- There should not be any evidence present against the accused. The Court also has to assure itself that there is no prima facie case against the accused.

If all the above conditions are fulfilled, then the Accused shall be discharged.