Question

Who among the following can withdraw a case from prosecution under Section 321 of Criminal Procedure Code ?

• A. Public Prosecutor
• B. Public Prosecutor in-charge of a case, with the consent of the Court
• C. State Government
• D. High Court

Answer 1

The Correct Option is B

Under Section 321 of the Criminal Procedure Code (CrPC), the power to withdraw from prosecution is vested in the Public Prosecutor. However, this withdrawal must be executed with the consent of the court. The purpose of this provision is to allow for the discontinuation of proceedings in circumstances where a prosecution is not in the public interest, or there are other valid reasons that justify such withdrawal.

Key points to understand about Section 321:

• Role of Public Prosecutor: The Public Prosecutor is the legal official tasked with conducting prosecutions on behalf of the state. In this context, only the Public Prosecutor in-charge of the particular case has the authority to initiate the withdrawal process.
• Consent of the Court: The Public Prosecutor cannot unilaterally withdraw a case. The decision must be vetted and approved by the court, ensuring that the decision to withdraw serves the interests of justice and public policy.

Considering the options:

Option	Explanation
Public Prosecutor	The general term refers to the legal representative, but it needs specification and court consent.
Public Prosecutor in-charge of a case, with the consent of the Court	Correct Answer: This specifically outlines the necessary condition under Section 321, involving both the Public Prosecutor and the required judicial approval.
State Government	The state does not directly withdraw prosecutions through this mechanism, as per the CrPC's provision.
High Court	The High Court does not partake directly in initiating the withdrawal of prosecution cases under Section 321.