Only The Prosecutor Is Entitled To Seek Withdrawal From Prosecution: Patna HC Disposes A Revision Petition Filed In 1980!

Answering a reference made to it in the year 1990, a full bench of Patna High Court has held that Public Prosecutor in charge of a case is only entitled to move a court for its permission for withdrawal from prosecution of an accused from an offence or any offences. Reference The question referred before the Full bench was whether the Public Prosecutor for the purpose of Section 321 CrPC includes the Assistant Public Prosecutor or Additional Public Prosecutor in charge of the case. In view of the proposition that Public Prosecutor in charge of a case is only entitled to file a petition for withdrawal from prosecution under Section 321 of the New Code, the order impugned i.e. The case was being conducted by Sri Ram Khelawan Singh, learned Additional Public Prosecutor whereas petition under Section 321 was filed by Shri Ram Dayal Prasad, learned Public Prosecutor, Patna. Till the date of passing of the impugned order Shri Ram Khelawan Singh, learned Additional Public Prosecutor was in charge of the case and as such learned trial judge was not required to take notice of the petition filed by the Public Prosecutor, Patna who was not in charge of the case."