A is tried for a certain offence. During the trial, the Public Prosecutor wants to withdraw from the prosecution of A. Can he withdraw from the prosecution of A without the consent of the court? Give reasons in support of your answer and also refer to the relevant provision.

Question: A is tried for a certain offence. During the trial, the Public Prosecutor wants to withdraw from the prosecution of A. Can he withdraw from the prosecution of A without the consent of the court? Give reasons in support of your answer and also refer to the relevant provision.

Find the answer only on Legal Bites. [A is tried for a certain offence. During the trial, the Public Prosecutor wants to withdraw from the prosecution of A. Can he withdraw from the prosecution of A without the consent of the court? Give reasons in support of your answer and also refer to the relevant provision.]

Answer

Section 321 of the code enables the Public Prosecutor or the Assistant Public Prosecutor to 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. For doing so, consent of the Court is necessary. The proviso states that the Central Government’s consent must be obtained before a Public Prosecutor or Assistant Public Prosecutor moves the Court for withdrawal of the case whenever the offence falls within the categories mentioned in sub-clauses (i) to (iv) of the proviso.

Thus, the conditions precedent for withdrawal from prosecution in section 321 of the Code of Criminal Procedure is that the Public Prosecutor can withdraw from the prosecution only with the consent of the court.

Further, if the Public Prosecutor in charge of the case has not been appointed by the Central Government and the offence, in respect of which the withdrawal from prosecution is sought, falls within any of the four categories mentioned in the proviso to the above Section 321, then, in such a case, the prosecutor cannot move the court for obtaining its consent unless he has been permitted by the Central Government to do so. In such a case, the court is also required to direct the prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.

The above provision requiring the Central Government’s permission has been enacted to avoid any possible conflict of interest between the State Government and the Central Government.

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