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.
Author: ShadesOfKnife
CrPC 257 – Withdrawal of complaint
If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
CrPC 252 – Conviction on plea of guilty
If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.
CrPC 204 – Issue of process
(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—
(a) a summons-case, he shall issue his summons for the attendance of the accused, or
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.
(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.
(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.
(4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.
(5) Nothing in this section shall be deemed to affect the provisions of section 87.
List of overturned Convictions of False Litigation
This compilation is intended to show the irreparable lose to people who get falsely accused and get convicted for misjudgment of Courts.
India:
Supreme Court: 23 year later
Orissa High Court: 21 years later
https://www.barandbench.com/news/litigation/orissa-hc-sets-aside-21-year-old-murder-conviction
CrPC 479 – Case in which Judge or Magistrate is personally interested
No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.
Article 21 – Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001
Another landmark judgment which emphasizes that Right to Speedy Trial is integral to Article 21 of Constitution.
Citations: [2001 ACR SC 1 719], [2001 AIR SC 1246], [2001 ALD CRI 1 559], [2001 ALLMR CRI SC 582], [2001 JT SC 2 558], [2001 RCR CRIMINAL 1 838], [2001 RLW SC 2 297], [2001 SCALE 2 8], [2001 SCC 4 525], [2001 SCR 1 990], [2001 UC 1 652], [2001 AIR SC 0 795], [2001 BCR 5 323], [2001 AIR SC 1248], [2001 BOMCR CRI SC 323], [2001 CRIMES SC 1 248], [2001 CRLJ SC 1242], [2001 SUPREME 1 661], [2001 SLT 2 68], [2001 SRJ 3 341], [2001 CCR 1 197], [2001 JCC 1 185], [2001 AD SC 2 202], [2001 BLR 2 978], [2001 SCC CR 787], [2001 UJ SC 1 593], [2001 RECENTCR 1 838], [2001 AIR SCW 0 795], [2001 MLJ CRL 1 476]
Other Sources:
https://indiankanoon.org/doc/220491/
https://www.casemine.com/judgement/in/5609ad90e4b0149711411b60
Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr on 10 Dec 1991
In this landmark judgment, SC reiterated that Right to Speedy trail as established in Hussainara Khatoon and Ors Vs Home Secretary State Of Bihar.
Citations: [1991 SCALE 2 1273], [1991 SCR SUPP 3 325], [1992 AIR SC 1701], [1992 CRLJ SC 2717], [1992 SCC 1 225], [1991 JT 6 431], [1992 SCC CRI 93], [1992 CRIMES SC 1 193], [1992 BLJR 2 1319], [1991 JT SC 6 431]
Other Sources:
https://indiankanoon.org/doc/1200243/
https://www.casemine.com/judgement/in/5609ac60e4b014971140eafc
State of Andhra Pradesh Vs Anne Sudheer Babu and Anr on 01 Oct 2020
Supreme Court requested AP High Court to expedite the case which was stayed by AP High Court here.
