Code of Criminal Procedure, 1973

Section - 321 - Withdrawal from prosecution

Withdrawal from prosecution.

321. 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
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