the midst of the trial had entertained application filed by the accused
for dropping the proceedings. It is not clear as to under what
provisions of law, the learned Magistrate passed an order of dropping
the proceedings and acquitted the accused. The learned Magistrate
passed the following order :
“Application given by accused is granted.
The case is dismissed and accused are acquitted. ”
10. Section 258 of the Code of Criminal Procedure reads as
under ;
“258. Power to stop proceedings in certain cases
In any summonscase 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 and where such stoppage of
proceedings is made after the evidence of the principal witnesses has
been recorded, pronounce a judgment of acquittal, and in any other
case release, the accused, and such release shall have the effect of
discharge.”
11. Admittedly, the provisions of section 258 of the Code of
Criminal Procedure are not applicable to the summons case instituted
upon a complaint. The learned Magistrate has passed the order at the
stage of recording of evidence.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.448 OF 1999
Dhimant Mehta
V/s.
M/s. Ramdil Resorts P. Ltd.
CORAM : MRS.SWAPNA JOSHI, J.
Dated : 7TH SEPTEMBER, 2016.
Citation:2016 ALLMR(CRI)4448
