CrPC Section 258: Power to Stop Proceedings in Specific Cases

This section empowers the Magistrate to stop proceedings in specific cases where it is deemed necessary or expedient.

1. Code:

Section 258: Power to stop proceedings in certain cases.

Where, upon consideration of the case, the Magistrate is satisfied that—

• the offence alleged to have been committed is not triable by him;
• no sufficient grounds exist for proceeding further with the case;
• the case should, for any other reason, be transferred to another Magistrate or Court;

he may, in his discretion, stop further proceedings in the case and—

• if the offence is triable by another Court, he may direct the case to be sent to such Court;
• if the case should be transferred to another Magistrate, he shall forward it to such Magistrate, with his reasons for so doing;
• in any other case, he shall record his reasons for stopping the proceedings.

2. Explanation:

This section allows the Magistrate to exercise discretionary power to stop proceedings in specific cases, ensuring that justice is served efficiently and effectively. This power is applicable when:

• The offence is not within the Magistrate’s jurisdiction: If the Magistrate lacks the legal authority to try the alleged offence, they can stop proceedings and direct the case to the appropriate court.
• Insufficient grounds for proceeding: When there is a lack of evidence or other grounds to support the prosecution, the Magistrate can halt further proceedings.
• Transfer to another Court or Magistrate: Circumstances may necessitate transferring the case to a different court or Magistrate, for instance, due to a conflict of interest or for more efficient handling.

3. Illustration:

Imagine a case where an individual is accused of theft but the value of the stolen items is below the threshold for a particular court’s jurisdiction. The Magistrate, recognizing this, can use Section 258 to stop proceedings in their court and direct the case to a court with jurisdiction over petty theft. This ensures the case is heard in the appropriate forum.

4. Common Questions and Answers:

• Q: Can the Magistrate stop proceedings on their own initiative?
• A: Yes, Section 258 grants the Magistrate the discretion to stop proceedings even without a specific application from any party.
• Q: What happens to the accused if proceedings are stopped?
• A: If the case is transferred, the accused will continue to face charges in the new court. If the proceedings are stopped without transfer, the accused is effectively discharged from the charges.
• Q: Are the accused’s rights considered during the decision to stop proceedings?
• A: Yes, the Magistrate must consider the accused’s rights and ensure fairness in the process. The decision to stop proceedings should be based on sound legal reasoning and not arbitrary.