Chapter XX
Section 258 CrPC: Power to stop proceedings in certain cases
New Law Update (2024)
Section 295 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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. Where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, the Magistrate shall pronounce a judgment of acquittal. In any other case, the Magistrate shall release the accused, and such release shall have the effect of discharge.
Important Sub-Sections Explained
Landmark Judgements
S.K. Sinha v. The State of Bihar and Ors. (1990):
The Supreme Court clarified that the power under Section 258 CrPC can be exercised by the Magistrate even without a formal application from the parties, affirming it as a discretionary power. It also reiterated the distinct consequences of such stoppage: acquittal if principal evidence is recorded, and discharge otherwise.
Manoj Kumar Sharma v. State of Delhi and Anr. (2007):
The Delhi High Court elucidated the phrase ‘summons-case instituted otherwise than upon complaint,’ confirming that cases originating from an FIR where the alleged offence is a summons-case fall within the ambit of Section 258, thus allowing the Magistrate to stop proceedings in appropriate circumstances.