That order was challenged in the High Court of Bombay at Nagpur and it was held that: -
"Where the Magistrate comes to the conclusion that no case, not even a prima facie case, under Section 447, I.P.C., was made out, he is perfectly justified in stopping the proceedings under Section 249, Criminal P.C. without first following the procedure under Sections 242 to 244, Criminal P.C. The words of Section 251-A (2), Criminal P.C., cannot be read into Section 249, Criminal P.C., and the Magistrate before releasing the accused under Section 249, need not hear the accused and the complainant".
It was also held that the use of the word "discharge" by the Magistrate in his order under Section 249, merely amounts to a release of the accused and stopping of the proceedings without a conviction or an acquittal. This appears to be quite a contrary view to the one taken by the Madhya Pradesh High Court in the case of 1962 (1) Cri LJ 817 (MP), referred to hereabove and relied upon by the learned Sessions Judge. To say that in every such case where the summons procedure is to be followed contemplated under Chapter XX, the case must necessarily proceed and must end in acquittal or conviction of the accused, can make Section 249 nugatory. It will be of no consequence if no such power existed in the Magistrate. There may arise cases in which on the face of it taking all the averments made in the accusation contained in the complaint may not constitute any offence at all or where any such complaint would become invalid for want of any particular formality to be gone into. There may arise cases where on account of certain technical defects in any such prosecution there would not arise any purpose for proceeding with the matter till the end. At the same time there may arise some cases in which after the evidence of the complainant is over, and which does not help his case, it may not require to call upon the accused to meet the accusation as was found in the Bombay Case and in those circumstances which can be characterised as Special or unusual which make it difficult or impossible to proceed in the normal way or that by reason of such circumstances the Court considers highly necessary to proceed further in the matter in which event it will be open to the Magistrate to exercise such powers and stop the proceedings without pronouncing any judgment either of acquittal or conviction and would be justified in releasing the accused. With respect, therefore, while I amendment unable to agree with the view taken by the High Court of Madhya Pradesh in the decision referred to hereabove, I agree with the view taken by the High Court of Bombay in the decision referred to above and at the same time observe that such powers have to be sparingly used and that too particularly in the exceptional or unusual circumstances attending the case. The order of releasing the accused, therefore, under Section 249 cannot be said to be in any way so illegal or wrong on a consideration of the effect of Section 249 of the Code.
