Law: Criminal Procedure Code (V of 1898)

Section: 249

(a) Criminal Procedure Code (V of 1898)--Ss. 249 & 439--Stopping of proceedings suo motu without any application in this behalf by respondent under S.249, Cr.P.C. and releasing the accused--No summons were issued to witnesses--Neither process-servers examined nor coercive methods adopted for production of witnesses--No action was taken by Magistrate against surety by way of forfeiting the bond--Impugned order set aside and rehearing of case was ordered by High Court in circumstances. (b) Criminal Procedure Code (V-of 1898)-- ---S. 249--Exercise of powers under S.249--Guidelines laid down. Section 249, Cr.P.C. does empower a Magistrate First Class to stop proceedings in a criminal case before him, other than on a direct complaint, and release the accused without announcing of conviction or acquittal. It is also true that section 249, Cr.P.C., as couched, is very wide in its terms but resort is to be made by the Magistrate in cases in which there are special circumstances which make it difficult or impossible to proceed with the case in normal course, as provided under the Code of Criminal Procedure. Therefore, the power, is to be exercised sparingly and in exceptional cases of hardships to the accused. However, the guiding factor should be securing of justice by passing that order under section 249, Cr.P.C. so as to relieve the accused of undue hardships from appearing in Court on every date of hearing, but not witnesses forthcoming, in spite of adopting all measures for their production in Court, as provided under the Criminal Procedure Code. In all such cases a duty is cast on the Presiding Officer, firstly; to satisfy whether the summons have been issued to the witnesses. If. returned unserved see the endorsement of the process-server. If the circumstances so warrant, to adopt coercive measures as it is noticed in the present case that no summons to the witnesses to appear on relevant dates was at all issued what to say of adopting any coercive measures for production of the witnesses, secondly, in the case of non-service upon the witnesses repeatedly, the process-server should be examined to see if there is any omission on the part of the police to serve…

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