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      Question

      When cases are instituted otherwise than on police

      report and the Magistrate shall discharge the accused if
      A He thinks that the charges are groundless Correct Answer Incorrect Answer
      B no case against the accused has been made out Correct Answer Incorrect Answer
      C the charges are not very grave Correct Answer Incorrect Answer
      D Both a and b Correct Answer Incorrect Answer
      E Both a and c Correct Answer Incorrect Answer

      Solution

      Section 245 CrPC - When accused shall be discharged— (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. (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.

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