Section 268. When accused shall be discharged

(1) If, upon taking all the evidence referred to in
section 267, the Magistrate considers, for reasons to be recorded, that no case against the accused has been
made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any
previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be
groundless.