Para 10″ 239. When accused shall be discharged.-If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.”
Sheoraj Singh Ahlawat & Ors vs State Of U.P.& Anr on 9 November, 2012 SC CRL Appeal No. 1803/2012
