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In force2021 Revised Edition
Contents

Chapter XVII

141. When accused person to be discharged

( 1 ) When the evidence referred to in section 140 has been taken and he has, if he thinks fit, examined the accused under section 220 for the purposes of enabling him to explain any circumstance appearing against him in the evidence, the Magistrate shall if he finds that there are not sufficient grounds for committing the accused person for trial discharge him, unless it appears to the Magistrate that such person should be tried before himself or before some other Magistrate in which case he shall either -

(a)

forthwith frame a charge or charges in writing and call upon the accused to plead thereto; or

(21)

order the accused to be tried before some other

Magistrate.

(2)

If the Magistrate takes action under subsection (l)(a) it shall not be necessary for the Magistrate to recall and re-examine the witnesses for the prosecution, but the accused may require that any witness called for the prosecution may be recalled for further cross-examination.

(3)

Nothing in this section is deemed to prevent a Magistrate a from discharging the accused at any previous stage of the case if for reasons

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Criminal Procedure Code to be recorded by such Magistrate he considers that there are not sufficient grounds for committing the accused.

(4)

When the Magistrate is of opinion that there are peculiar difficulties of circumstances connected with the case or whenever he shall be so directed by a superior Court, he may remand the accused or admit him to bail and he shall forthwith send the depositions to such superior Court for instructions.

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