Section 258 of the Criminal Procedure Code relates to the trial of the summons cases. Since the offence under Section 304A of the Indian Penal Code is punishable with imprisonment up to 2 years only, it is a summons case. Accordingly, Section 258 of the Cr.P.C. will be applicable to an offence under Section 304A of the IPC.
Section 258 of the Cr.P.C. is reproduced as under:
“258. Power to stop proceedings in certain cases.— 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.”
Thus, it is seen that under Section 258 of the Cr.P.C., the magistrate has the power to stop the proceedings of a summons case for reasons to be recorded by him. The section is silent as to on what grounds the proceedings can be stopped in such cases. However, it can be only for some genuine and reasonable cause, and the magistrate has also to record the reasons, which can then be subsequently challenged before the higher courts, if needed.
In your case, you have mentioned that the trial of the offence under Section 304A of IPC is pending for several years and the accused is not traceable. In these circumstances, it may perhaps be reasonable to close the proceedings, and it is up to the magistrate to exercise his discretion under Section 258 of the Cr.P.C. If you are the complainant in the case and you are aggrieved by such order of the magistrate of closing the proceedings, you may challenge the same before the Sessions Court by filing a revision petition.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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