CrPC Section 239 — When accused shall be discharged

CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES

General

Official Text

If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Sections referred to

CrPC §173 — Report of police officer on completion of investigation

Referred to by

CrPC §324 — Trial of persons previously convicted of offences against coinage, stamp-law or property

Related Judgments

K. NEELAVENI vs STATE REP. BY INSP. OF POLICE AND ORS — Supreme Court of India (2010)
STATE REPRESENTED BY INSPECTOR OF POLICE, CBI, ACB, VISAKHAPATNAM vs ELURI SRINIVASA CHAKRAVARTHI AND OTHERS — Supreme Court of India (2025)
THE STATE BY S.P. THROUGH THE SPE CBI vs UTTAMCHAND BOHRA — Supreme Court of India (2021)
STATE THROUGH DEPUTY SUPERINTENDENT OF POLICE vs R. SOUNDIRARASU ETC — Supreme Court of India (2022)
ASIM SHARIFF vs NATIONAL INVESTIGATION AGENCY — Supreme Court of India (2019)
Mr. Deepak Gokulchand Aggarwal vs Mrs Meghna Deepak Aggarwal — Bombay High Court (Mumbai Principal Seat) (2018)