Magistrate is bound to discharge an accused in summons trial as per section 239 of Cr.P.C if the offence is not disclosed.

Cr.P.C. S.251: It is inherent in Section 251 of the Code that when an accused appears before the trial Court pursuant to summons issued Under Section 204 of the Code in a summons trial case, it is the bounden duty of the trial Court to carefully go through the allegations made in the charge sheet or complaint and consider the evidence to come to a conclusion whether or not, commission of any offence is disclosed and if the answer is in the affirmative, the Magistrate shall explain the substance of the accusation to the accused and ask him whether he pleads guilty otherwise, he is bound to discharge the accused as per Section 239 of the Code.-Bhushan Kumar and Anr. Vs. State (NCT of Delhi) and Anr., AIR 2012 SC 1747.


Categories: CIVIL

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