Q 1: Difference between 249 & 249- A?


A. Under section 249 magistrates may stop the proceeding when no complainant appears before the court. In the same way under section 249-A magistrate has the power to acquit the accused at any stage during the pendency of the trail.


B. Under section 249 once an accused discharged can be charged again. But under section 249-A magistrate can acquit the accused on the basis of evidence at any stage


Q 2: Whether order under section 249-A is final?


Order under 249-A is not final order. Magistrate has power to recall the accused on the basis of evidences established. An appeal can be filed against such order under 417 Cr.P.C


For example: If there are three accused and one of them was not found guilty then magistrate can acquit him at that stage of the proceeding and has power tio recall him when required.


Q 3: Can a Judicial Magistrate acquit accused at any time during the pendency of Trial? What is remedy against 249-A order?


A. Under Section 249-A A magistrate has a power to acquit an accused at any stage during the pendency of the trail. As 249-A is not the final order because magistrate can recall him on the basis of evidence.


B. If person is acquitted under section 249-A any person being aggrieved by the said order may file an acquittal appeal under section 417 before the High Court. No revision shall lie from said order.