Code of Criminal Procedure, 1973 · Chapter XX: Trial of Summons-Cases by Magistrates
Section 258: Power to stop proceedings in certain cases
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, 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, and such release shall have the effect of discharge.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 258
- In Re: Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 v. .
- P. Mohanraj & Ors. v. M/S. Shah Brothers Ispat Pvt. Ltd.
- Tofan Singh v. State of Tamil Nadu
- M/S. Meters and Instruments Private Limited & Anr. v. Kanchan Mehta
- Sirajul & Ors. v. The State of U.P. &Anr.
- Hardeep Singh v. State of Punjab & Ors.
- Lokesh Kumar Jain v. State of Rajasthan
- Mohd. Hussain @ Julfikar Ali v. The State (Govt. of Nct) Delhi
- Ranjan Dwivedi v. C.B.I., Through the Director General
- Renuka v. State of Karnataka & Anr.
- Vakil Prasad Singh v. State of Bihar
- Balbir Singh v. State of Delhi
- State of Rajasthan v. Ikbal Hussen
- State Through CBI v. Dr. Narayan Warman Nerukar and Anr.
- P. Rama Chandra Rao v. State of Karnataka
- John Thomas v. Dr. K. Jagadeesan