CrPC 321 — Withdrawal from prosecution

Code of Criminal Procedure, 1973

Statutory text

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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