What is Withdrawal of complaint? What are the Power to stop proceedings in certain cases? What is the Power of Court to convert summons-cases into warrant-cases? Section 257,258 and 259 of Code of Criminal Procedure 1973

Withdrawal of complaint, Power to stop proceedings in certain cases and Power of Court to convert summons-cases into warrant-cases are defined under Section 257, 258 and 259 of CRPC 1973. Provisions under this section is:

 

 

 

Section 257 of CRPC "Withdrawal of complaint"

If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

 

Section 258 of CRPC "Power to stop proceedings in certain cases"

In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.

 

Section 259 of CRPC "Power of Court to convert summons-cases into warrant-cases"

When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may re-call any witness who may have been examined.

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