(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no 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 the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.
STATE AMENDMENT
West Bengal
In section 245 of the principal Act, after sub-section (2), the following
sub-section shall be inserted: -
"(3) If all the evidence referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the accused, the Magistrate shall discharge the accused unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall not be in the interest of justice to discharge the accused.".
[Vide West
Bengal Act 24 of 1988, s. 5.]
Code of Criminal Procedure (CrPC)
241 CrPC Conviction on plea of guilty
242 CrPC Evidence for prosecution
244 CrPC Evidence for prosecution
245 CrPC When accused shall be discharged
246 CrPC Procedure where accused is not discharged
248 CrPC Acquittal or conviction
249 CrPC Absence of complainant
250 CrPC Compensation for accusation without reasonable cause