Withdrawal From Prosecution | Effects Of Withdrawal | The National TV

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Section 321 of the crpc vests in a public prosecutor or Assistant public prosecutor the discretion to apply to the court for its consent to withdraw from the prosecution before judgment is pronounced.

 

 

Effect of such withdrawal

 

a- discharge

If the application of withdrawal is made by a Public prosecutor or assistant public prosecutor before a charge has been framed accused shall be discharged and he is not protected under Article 20(3) of the constitution of India and can be tried again. 

 

b- acquittal 

If the application of withdrawal is made by the public prosecutor or Assistant public prosecutor after the charge has been framed accused shall be acquitted which means he is protected under article 20(3) of the constitution of India and he cannot be tried again for the same offence.

 

 

Subhash Chandra v. State 1980

It was held by the honorable supreme court. 

That public prosecutor cannot withdraw from prosecution without the consent of the court as the consent of the court is imposed as a check on the exercise of power by the prosecution. 

 

 

V.L.S Francis v S.P Gupta 2016

The public prosecutor must apply an independent mind and exercise the discretion vested in law on the basis of the merits of records.

 

 

 

 

 

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