Section 239 in The Code Of Criminal Procedure, 1973
Section 239 of CRPC “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.