A is prosecuted under Section 302 of IPC for the murder of B and is acquitted by the trial court. The State prefers an appeal in the High Court against such acquittal. The appeal is admitted. During the hearing of the appeal, the prosecution wants to withdraw the appeal. Can the prosecution do so?

Question: A is prosecuted under Section 302 of IPC for the murder of B and is acquitted by the trial court. The State prefers an appeal in the High Court against such acquittal. The appeal is admitted. During the hearing of the appeal, the prosecution wants to withdraw the appeal. Can the prosecution do so? Give reasons in support of your answer and also refer to the ‘authority’, if any, on the point.

Find the answer only on Legal Bites. [A is prosecuted under Section 302 of IPC for the murder of B and is acquitted by the trial court. The State prefers an appeal in the High Court against such acquittal. The appeal is admitted. During the hearing of the appeal, the prosecution wants to withdraw the appeal. Can the prosecution do so?]

Answer

There is no provision in the Code to permit withdrawal of an appeal once admitted for hearing. When once the appeal is admitted, there is no provision in the Criminal Procedure Code, enabling the party to withdraw the appeal, and the appeal has to be disposed of in accordance with Section 386 of the code. This observation was made in the case of P Karumbaiah v. State, 1989 Cr LJ NOC 73.

The Legislature did not contemplate any withdrawal of appeal once lodged, whether by the accused or by the Government, and if the appeal is not summarily dismissed but admitted for hearing. Therefore, it is neither in the power of the Court nor even of the appellant to allow the appeal to be withdrawn. (Chhitar,—1956 Raj. 545)

In the present case at hand, A is prosecuted under Section 302 of IPC for the murder of B and is acquitted by the trial court. The State prefers an appeal in the High Court against such acquittal, which is admitted. Now, it is not sustainable at law that during the hearing of the appeal, the prosecution is allowed to withdraw the appeal. The prosecution cannot withdraw the appeal.

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