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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.
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