Box-16 The Court, while considering the question of framing charge, shall: S.227 Cr. PC. 1. Ensure that the accused is discharged under Ss. 227, where the Sessions Court finds that after description of charge and the evidence on the basis of which the prosecution proposes to establish the guilt there are no sufficient grounds for proceeding against the accused. S.239 Cr. PC. 2. Ensure that a Magistrate trying a Warrant case on police report after hearing the prosecution and accused and examination of the record, comes to a conclusion that the charge is groundless, he shall discharge the accused. S.245 Cr. PC. 3. Ensure that where after considering all the evidence rendered in terms of S.244 he arrives at a conclusion that no case against the accused is made out which would warrant his conviction if unrebutted, he shall discharge the accused. S.258 of Cr P.C 4. Ensure that any summons case instituted otherwise than upon complaint, a Magistrate of the first class or any other authorised Judicial Magistrate, may stop proceedings at any stage, after recording reasons for such a step, without pronouncing judgement, but where stoppage of proceedings is made after recording the evidence of principal witnesses, a judgement of acquittal and release of the accused may be passed. 29

Select target paragraph3