Code of Criminal Procedure Act, 1973
239.When accused shall be discharged.-
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.