Section 258 of the Code of Criminal Procedure lays down that in any summons-case instituted otherwise than on a 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 judgement.
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When such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, such Magistrate may pronounce a judgement of acquittal, and in any other case, release the accused, such release having the effect of a discharge of the accused.
ADVERTISEMENTS:
The powers given to the Magistrate, to stop the proceedings at any stage, should be sparingly used, and that too, only in exceptional or unusual circumstances attending the case. When there are no special or unusual cirumstances which make it difficult or impossible for the Magistrate to proceed with the case, he cannot invoke the provisions of S. 258 and stop further proceedings. (Lohana Dhirajlal,—1973 Cr. L.J. 82)