Rajasthan APO 2024 Prelims Paper

Proceedings under Section 258 of Cr.P.C. can be stopped by a Magistrate -

Verified Answer
A. in a summons case instituted upon a complaint.
B. in a summons case instituted otherwise than upon a complaint.
C. in a warrant case instituted upon a complaint.
D. (1) and (2) both

Explanation:

This question relates to the power of a Magistrate to stop proceedings in certain types of cases under the Code of Criminal Procedure, 1973 (CrPC). This power is a specific provision designed for the efficient disposal of cases. **Analysis of Options:** * **Option (1) in a summons case instituted upon a complaint:** This option is incorrect. Section 258 of the CrPC explicitly excludes summons cases instituted upon a complaint from the Magistrate's power to stop proceedings. The rationale is that in complaint cases, the complainant has taken the initiative, and the Magistrate's power to stop proceedings without a judgment is limited to cases where the State is the initiator, allowing for greater flexibility in state-initiated prosecutions. * **Option (2) in a summons case instituted otherwise than upon a complaint.** This is the correct answer. Section 258 of the CrPC is titled "Power to stop proceedings in certain cases." It states: "In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the High Court, 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." This provision allows a Magistrate to stop proceedings in summons cases that are initiated by police report or *suo motu* (otherwise than upon a complaint), typically for minor offenses, to prevent unnecessary prolongation of trivial matters. The key condition is that the case must be a summons case and *not* instituted on a complaint. * **Option (3) in a warrant case instituted upon a complaint:** This option is incorrect. Section 258 specifically applies to *summons cases*, not warrant cases. Warrant cases involve more serious offenses and have a more elaborate trial procedure, which does not include the power to summarily stop proceedings without a judgment in this manner. Therefore, this option is incorrect. * **Option (4) (1) and (2) both:** This option is incorrect because, as explained above, proceedings in summons cases *instituted upon a complaint* cannot be stopped under Section 258. Only those instituted *otherwise than upon a complaint* are covered. Therefore, a Magistrate can stop proceedings under Section 258 of the CrPC only in a summons case that has been instituted otherwise than upon a complaint.