prosecutor.
Querist :
Anonymous
(Querist) 25 June 2011
This query is : Resolved
CRPC 321. Withdrawal from prosecution.
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and upon such withdrawal, --
(a) If it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;
(b) If it is made after a charge has been framed, or when under this Code no charge is required he shall be acquitted in respect of such offence or offences:
Provided that where such offence-
(i) Was against any law relating to a matter to which the executive power of the Union extends, or
(ii) Was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or
(iii) Involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or
(iv) Was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty,
And the Prosecutor in charge of the case has not been appointed by the Central Government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.
Question: So what do u mean by (If it is made before a charge has been framed) & (If it is made after a charge has been framed) & can we say that the last para """
Question: So if the prosecutor is not appoint by the central govt than unless he has taken the permission or the central govt gives the permission to leave the case he/she shall not withdraw himself for the case. & What if the state government appoints than whether permission if required or not?
Whether it is applicable to the additional prosecutor also?
Thanks.
abhishek
(Expert) 25 June 2011
the section make it clear that in case withdrawal is made before charge the person so claimed accused be discharged or after charge he be acquitted from such offence. and the permission in case if prosecutor is not appointed by central govt is mandatory and it shall be from the central govt not from state govt.
it is applicable to additional prosecutor too.
