CrPC Section 410: Withdrawal of Cases by Judicial Magistrates

This section of the Code of Criminal Procedure (CrPC) deals with the power of Judicial Magistrates to withdraw cases under certain circumstances.

1. Code:

Section 410 of the CrPC states that:

“Where, upon a complaint or information being made to a Judicial Magistrate, he finds that no sufficient ground exists for proceeding with the case, he may, in his discretion, refuse to take cognizance of the case, and if he has taken cognizance of the case, he may, in his discretion, discharge the accused.”

2. Explanation:

• Refusal to take cognizance: If the Judicial Magistrate finds that there is no substantial evidence or basis to proceed with the case, they can refuse to register the case or take cognizance of it.
• Discharge of the accused: Even if the case has been registered, the Magistrate can discharge the accused if they find no sufficient ground to proceed.
• Discretionary power: The Magistrate has the discretion to exercise these powers, considering the facts and circumstances of the case.

3. Illustration:

Suppose a person files a complaint alleging theft against another person. The Judicial Magistrate, after examining the complaint and evidence presented, finds that the allegations are baseless and there is no evidence to support the claim. In this scenario, the Magistrate can either refuse to take cognizance of the case or discharge the accused based on the lack of evidence.

4. Common Questions and Answers:

Q: What factors can a Judicial Magistrate consider when deciding to withdraw a case?

A: The Magistrate can consider various factors, including the nature of the offence, the strength of the evidence, the credibility of witnesses, and the possibility of a compromise between the parties.

Q: Can the complainant appeal against the Magistrate’s decision to withdraw a case?

A: Yes, the complainant can appeal against the decision of the Magistrate to withdraw a case. However, the appeal must be filed within the prescribed time limit and on valid grounds.

Q: Is the Magistrate’s decision to withdraw a case binding?

A: No, the Magistrate’s decision is not binding and can be challenged by the complainant through an appeal.