How a criminal case can be dismissed

 A criminal case can be dismissed by several ways.These are discussed below .......

1. If the magistrate satisfies that the complaint is groundless ofter examining the complaint u/s 200, the court may dismiss the complaint and pass the order of acquittal of the accused under section 241A.
2 .If the complainant withdraw his complaint in CR case under section 248.
3. If the complainant does not appear himself before the court at the time of trial in CR case under section 247.
4. In case of non-appearance of witnesses of prosecution (PW) in GR case under section 249.
5. If sufficient ground has not been found in the court of session under section 265(c) of the CrPC. More 

When a case is ready for trial

After taking cognizance of an offence u/s 190(1), the magistrate has to process issue under section 204 of The Criminal Procedure Code,1898. Issue Process includes -
1.Summons in the first stage - U/S 68
2.Issuing Warrant in 2nd stage - U/S 75
3.Issue of Proclamation - U/S 87
4.Issue of Attachment - U/S 88
After performing all the proceedings mentioned above by the magistrate but the accused does not appear himself before the court then the court will pass an order to publish notice in at least two (2) national daily newspapers to appear the accused before the court within the period specified by the court under section 339 B (1) of the Cr PC.
If the accused does  not appear within the period of publication the court will presume that the accused is present before the court mentally and start Trial in absentia.
When the accused appears before the court either physically or mentally the case is ready for trial.

Effects of Non-appearance of Complainant in a criminal case

If summons has been issued to the complainant by the court in CR case but the complainant does not appear before the court on the fixed day then the  court may acquit the accused and dismiss the complaint under section 247 of  The Criminal Procedure Code 1898.
In a GR case the magistrate may stop the proceedings at any stage of the case without pronouncing judgment and release the accused under section 249 of The Criminal Procedure Code, 1898. continue

Purpose of framing charge by the magistrate court

The main purpose of the charge framed by the court of magistrate (U/S 242 ) is to inform the accused of formally that he has committed the offence which has come to this court and he shall be tried in the court.
The court has to inform the accused about the time of occurrence,place of occurrence,date of occurrence, manner of occurrence with relevant penal section of that offecne.
Then the accused will get opportunity to  defend himself  before the court.

Essential elements of final charge framed by the court

According to section 222 of THE CODE OF CRIMINAL PROCEDURE, 1898, these are the essential elements of a charge made by the court of magistrate:

1.Name of victim
2.Time of occurrence
3.Date of occurrence
4.Place of occurrence
5.Manner of occurrence
6.Relevant penal section of the offence

Charge shall be read out before the accused by the court

Procedure of trial of a case before the court of magistrate

According to the Section 241A of the Cr PC , when an accused is appears before the court of magistrate,the magistrate shall examine records of the case which were submitted before him.These records or documents are FIR,Charge sheet,statements of 164 and 161 etc.
If the magistrate thinks that the charge is groundless ofter giving opportunity of hearing to the prosecution and the accused he may discharge the accused.

Law school online

If the magistrate thinks there is a ground for presuming that the accused has commuted an offence then he shall frame a formal charge of the offence and the accused shall be asked weather he has committed that offence or not.( Section 242)
If the accused admits that he has commuted the offence which he is charged then the magistrate shall ask him why he should not be convicted.After that the magistrate may convict the accused accordingly.( Section 243)
If the magistrate does not convict the accused and the accused does not make any admission then the magistrate shall proceed to hear the complainant and witness of prosecution.( section 244)
After hearing of the complainant,witnesses and examining the accused the magistrate shall fix a date for judgment.On that day the court of magistrate shall deliver the judgement.Judgment may be either acquittal if the accused finds innocent in section 245(1) or sentence if he finds guilty in section 245(2) click for more