(Querist) 25 December 2009
This query is : Resolved
When can prosecution withdraw its case. Is there any scope for it under criminal law and what should be the gounds for such pleading after charges are framed by the crl. court. Please mention the procedure for it.
adv. rajeev ( rajoo )
(Expert) 26 December 2009
in case of Govt., decision to withdraw the case then prosecution may withdraw the case. It happens in riots cases. Sec 257 If a complainant at any time before a final order is passed in any case, satisfies the magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused or if there be more than one accused, against all or any of them, the magistrate may permit him to withdraw the same, and shall there upon acquit the accused agaisnt whom the complaint is so withdraw.