When the Magistrate may, in his discretion, discharge the accused?
Verified Answer
A. At any time before the charge has been framed and the complainant is absent on any day fixed for the hearing of the case
B. Offence is lawfully compounded or is not a cognizable offence
C. Both at any time before the charge has been framed and the complainant is absent on any day fixed for the hearing of the case and offence is lawfully compounded or is not a cognizable offence
D. At any time after the charge has been framed with respect to cognizable and compoundable offence.
Explanation:
Section 249 of the Cr.P.C. allows a Magistrate to discharge the accused in a warrant case instituted otherwise than on a police report if the complainant is absent on any day fixed for the hearing of the case, and the charge has not been framed.