A files a complaint petition before the Chief Judicial Magistrate against B. The C.J.M. takes cognizance against B. During the trial (before pronouncement of judgment) A wants to withdraw from prosecution against B by invoking the provision made in Section 321, CrPC. Can he do so? Give reasons for your answer.
Question: A files a complaint petition before the Chief Judicial Magistrate against B. The C.J.M. takes cognizance against B. During the trial (before pronouncement of judgment) A wants to withdraw from prosecution against B by invoking the provision made in Section 321, CrPC. Can he do so? Give reasons for your answer. Find the answer only on Legal… Read More »
Question: A files a complaint petition before the Chief Judicial Magistrate against B. The C.J.M. takes cognizance against B. During the trial (before pronouncement of judgment) A wants to withdraw from prosecution against B by invoking the provision made in Section 321, CrPC. Can he do so? Give reasons for your answer.
Find the answer only on Legal Bites. [A files a complaint petition before the Chief Judicial Magistrate against B. The C.J.M. takes cognizance against B. During the trial (before pronouncement of judgment) A wants to withdraw from prosecution against B by invoking the provision made in Section 321, CrPC Can he do so? Give reasons for your answer.]
Answer
Section 321 of CrPC lays down the provision for withdrawal from prosecution. Only the Public Prosecutor or the Assistant Public Prosecutor who is in charge of a particular case and is actually conducting prosecution can file an application under this section seeking permission to withdraw from the prosecution.
The Public Prosecutor cannot act on the dictate of the State Government. He has to act objectively, being an officer of the Court. The Courts are also free to assess whether a prima facie case is made out or not. The Public Prosecutor or the Assistant Public Prosecutor can withdraw prosecution against one or all accused if there be many or can withdraw some of the charges against any or all of the accused.
If the withdrawal takes place before the charges are framed, the accused can only be discharged, but the accused would be entitled to acquittal if the prosecution is withdrawn after framing the charge.
Thus, in the present case at hand, where the complainant of the case wants to withdraw from prosecution against B by invoking the provision made in Section 321, CrPC, he cannot do so as only the Public Prosecutor or the Assistant Public Prosecutor who is in charge of the case can file the application for withdrawal. Thus, the Public Prosecutor or the Assistant Public Prosecutor, at any time before the judgment is pronounced, can 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 with the consent of the Court.
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