criminal-law india evidence rules-of-court
In CrPc (India) can a court discharge or dismiss a complaint against the accused even if a prima facie case is made out against them?
<p>Or is it generally impossible for this to occur and can grounds for not proceeding against an accused be based on anything other than evidence? How do magistrates prevent First Information Reports that are in bad faith?
CrPc = code of criminal procedure</p>

<p>First Information Reports that are &quot;in bad faith&quot; will be (should be) tested in court by the production of witnesses and evidence.</p>
<p>Opportunities to discharge depend on the mode of trial i.e. whether it is a &quot;summons&quot; or &quot;warrant&quot; trial.</p>
<p>For a Warrant's Trial the court can discharge (in addition to the <em>prima facie</em> provisions at <a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_000010_197402_1517807320555&amp;orderno=256" rel="nofollow noreferrer">CrPc 227</a> referred to by <a href="https://law.stackexchange.com/a/90220/35069">this related answer</a>) under:</p>
<blockquote>
<ul>
<li><a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_000010_197402_1517807320555&amp;orderno=268" rel="nofollow noreferrer">CrPc 239</a>:</li>
</ul>
<p>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.</p>
</blockquote>
<p>Or under:</p>
<blockquote>
<ul>
<li><a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_000010_197402_1517807320555&amp;orderno=274" rel="nofollow noreferrer">CrPc 245</a>:</li>
</ul>
<p>(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.</p>
<p>(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.</p>
<p>[with a West Bengal ammendment]</p>
</blockquote>
<p>But there are no provisions to discharge in a Summons' Trial see <a href="https://www.mondaq.com/india/court-procedure/579124/to-discharge-or-not-to-discharge-that-is-the-question" rel="nofollow noreferrer">this detailed article</a> (<em>by Anirban Bhattacharya and Bharat Chugh</em>)</p>
<blockquote>
<p>The recent order of the Supreme Court in <a href="https://indiankanoon.org/doc/187610193/" rel="nofollow noreferrer">Amit Sibal</a>, appears to be the much needed course correction and seems to suggest that the trial court has no power to drop proceedings / discharge in a Summons Trial. This also appears to be in sync with the settled judicial view and also the scheme of CrPC, wherein separate and distinct procedures have been laid down for Warrants, as opposed to Summons Cases (or those cases triable summarily for that matter).</p>
</blockquote>
