Lawgist321Withdrawal from prosecution
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, 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; and, upon such withdrawal,--
(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;
(b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences:
Provided that where such offence--
(i) was against any law relating to a matter to which the executive power of the Union extends, or
(ii) was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or
(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or
(iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty,
and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.
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- 300 Person once convicted or acquitted not to be tried for same offence
- 301 Appearance by Public Prosecutors
- 302 Permission to conduct prosecution
- 303 Right of person against whom proceedings are instituted to be defended
- 304 Legal aid to accused at State expense in certain cases
- 305 Procedure when corporation or registered society is an accused
- 306 Tender of pardon to accomplice
- 307 Power to direct tender of pardon
- 308 Trial of person not complying with conditions of pardon
- 309 Power to postpone or adjourn proceedings
- 310 Local inspection
- 311 Power to summon material witness, or examine person present
- 311A Power of Magistrate to order person to give specimen signatures or handwriting
- 312 Expenses of complainants and witnesses
- 313 Power to examine the accused
- 314 Oral arguments and memorandum of arguments
- 315 Accused person to be competent witness
- 316 No influence to be used to induce disclosure
- 317 Provision for inquiries and trial being held in the absence of accused in certain cases
- 318 Procedure where accused does not understand proceedings
- 319 Power to proceed against other persons appearing to be guilty of offence
- 320 Compounding of offences
- 321 Withdrawal from prosecution
- 322 Procedure in cases which Magistrate cannot dispose of
- 323 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
- 324 Trial of persons previously convicted of offences against coinage, stamp-law or property
- 325 Procedure when Magistrate cannot pass sentence sufficiently severe
- 326 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 327 Court to be open
