321. Withdrawal 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.
STATE AMENDMENT
Uttar Pradesh:
In section 321, after the words “in charge of a case may” the words “on the written permission of the State Government to that effect (which shall be filed in Court)” shall be inserted.
[Vide U.P. Act 18 of 1991, sec. 3 (w.e.f. 16-2-1991).
Comments:
A Court of session to which a case is committed for trial by Magistrate can, without itself recording evidence summon a person not named in Police Report under section 173 CrPC (though named in F.I.R.) to stand trial along with those already named therein such power is under section 193 of CrPC and not under section 319;
Kishun Singh v. State of Bihar, 1993
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