Magistrate can discharge accused after recording reasons, even at stage when accused appears in response to summons or warrant but no prosecution evidence has been led.

Cr.P.C. S.245(2): “Discharge at any previous stage of the case” occuring in S.245(2) is before the prosecution’s evidence under S.244(1) is completed, or at any stage prior to that, namely, the stages prescribed in Ss.200 to 204, Cr.P.C. Magistrate can therefore discharge accused after recording reasons, even at stage when accused appears in response to summons or warrant but no prosecution evidence has been led. Application for discharge is therefore maintainable at that stage.-Ajoy Kumar Ghose Vs. State of Jharkhand and another, (2009) 14 SCC 115.