Law: Code of Criminal Procedure, 1898

Section: 249-A, 265-K, 265-F

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 249-A, 265-K & 265-F--Power of Magistrate to acquit accused at any stage of case--It is quite understandable that legislature in its wisdom gave power under Section 249-A Cr.P.C. to Magistrate to acquit accused at any stage of case if charge is groundless or there is no probability of conviction for reason that punishments for offences triable by Court of Magistrates are lesser as compared to punishments provided for offences triable by Court of Sessions, therefore, if Magistrate comes to conclusion that on basis of material/evidence available on record, charge is groundless, he can acquit accused under Section 249-A Cr.P.C. and furthermore, if he finds that such material has come on record that now there is no probability of accused being convicted of any offence, he can also acquit accused under Section 249-A Cr.P.C. whereas since offences triable by Court of Sessions are of heinous/ serious nature entailing heavy punishments, therefore, acquittal of accused on basis of charge is groundless is not provided in Section 265-K ….. Cr.P.C. and prosecution is to be afforded full and complete opportunity to produce evidence for proving case and in this regard, Subsection 2 of Section 265-F Cr.P.C. can also be safely referred, according to which, Court shall ascertain from Public Prosecutor or, as case may be from complainant, names of any persons likely to be acquainted with facts of case and to be able to give evidence for prosecution, and shall summon such persons to give evidence before it; for ready reference, Subsection 2 of Section 265-F Cr.P.C.          [P. 419] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 265-K--Conviction of accused-- However, if Court finds that there is no probability of conviction of accused of any offence only then, he can be acquitted at any stage of case under Section 265-K Cr.P.C. i.e. if evidence/material of such nature has come on record that further evidence of any nature/kind whatsoever cannot result into conviction of accused, then he can be acquitted under Section 265-K Cr.P.C. [P. 420] B Criminal Procedure Code,…