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Does Application u/s 321 of crpc require a directive from Home Dept
02-Aug-2023 (In Criminal Law)
What is the procedure for application by an innocent person to public prosecutor for withdrawal of prosecution u/s 321 of Crpc after the chargesheet is filed in court. And does it require directive from the State Home Department for the public prosecutor to do withdraw prosecution?
public prosecutor has no power to withdrawal the same.
hon'ble high court have inherent power to entertain- quashing of FIR and proceeding and discharge the accused.
whether
? 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.
hon'ble high court have inherent power to entertain- quashing of FIR and proceeding and discharge the accused.
whether
? 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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Adv. Nilesh Y Thengre
Nagpur | 100+ Answers
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