Power to stop proceedings in certain cases
Section 258 of the Code of Criminal Procedure, 1973 deals with 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 an The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 258, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 281 Power to stop proceedings in certain cases Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Madhav Saran Agarwal vs Msx Mall Pvt. LTD
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings relate to transactions evidencing debt of the corporate debtor and result in depletion of its assets through compensation orders, thereby directly impacting the object of the moratorium which is to preserve the corporate debtor's assets during the insolvency resolution process so it can continue as a going concern and be rehabilitated. However, the moratorium applies only to the corporate debtor and not to natural persons (Directors/officers) in charge of and responsible for the conduct of the business of the corporate debtor, who remain liable to prosecution under Section 138/141 as the corporate debtor is a necessary party to such proceedings.
On this section: Cited to show court can discharge accused on satisfaction that compensation paid
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Jiyaul Haq Alias Jamshed vs State of U.p.
Court's Decision & Legal Precedent
In proceedings under Section 138 of the Negotiable Instruments Act, which are summary proceedings governed by Sections 262-265 of the Criminal Procedure Code, the provisions of Section 258 CrPC (which provides for stopping proceedings in certain cases and applies only to summon cases trial under Chapter XX of CrPC) are not applicable. Consequently, an accused cannot be discharged from a Section 138 NI Act proceeding merely on the ground of partial repayment of the cheque amount, as Chapter XXI of CrPC (Summary Trial) contains no provision to stop the summary trial or discharge the accused.
On this section: Power to stop proceedings in certain cases; the court held this section is not applicable to summary proceedings as it falls under Chapter XX (Summon Cases)
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Si of Polce vs Prakash
Court's Decision & Legal Precedent
When a criminal case remains pending for an extended period (over two years) without substantive progress, and the prosecution repeatedly fails to serve summons on the accused despite multiple opportunities and court orders, the court may exercise its discretion under Section 258 CrPC to stop proceedings and discharge the accused, as the principle that delayed justice is denied justice takes precedence over the state's interest in prosecution.
On this section: Provides the court with discretion to stop proceedings in a case. The court invoked this section to halt further proceedings and discharge the accused, citing the principle that delayed justice is denied justice.
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State of Maharashtra vs Prabhakar Balwant Ambare
Court's Decision & Legal Precedent
In a summons-case, if the prosecution fails to secure the presence of the accused over a prolonged period despite multiple opportunities, the Magistrate may stop the proceedings under Section 258 CrPC.
On this section: Applied to stop the proceedings due to failure in securing accused presence.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In the meantime, Cane was admitted into Corporate Insolvency Resolution Process by order of National Company Law Tribunal, Mumbai. - 6. Respondent Nos. 1 to 3 entered appearance before the Judicial Magistrate and subsequently preferred an application under Section 258, Code of Criminal Procedure, 1860[2]( page-2-0), seeking stoppage of proceedings in terms of the moratorium running against Cane. On 20.05.2021 an order imposing moratorium against Cane was passed under Section 14, <span id="page-2-0"></span><sup>2</sup> CrPC Insolvency and Bankruptcy Code, 2016[3]( page-3-0). …
Questions about Section 258
What have the courts held on Section 258 of the Code of Criminal Procedure?
Madhav Saran Agarwal vs Msx Mall Pvt. LTD (01 Mar 2021) is the leading judgment on this section among those set out below: Cited to show court can discharge accused on satisfaction that compensation paid. Another 3 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2021 to 2026.
How do I find court cases under Section 258 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 258, section 258 CRPC, section 258 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Madhav Saran Agarwal vs Msx Mall Pvt. LTD (01 Mar 2021).
What should I read with Section 258 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 281 (Power to stop proceedings in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 258 of the Code of Criminal Procedure come into force?
Section 258 of the Code of Criminal Procedure, cited as CRPC 258, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.