APCrRPCO Form No. 40 : Form of Order on Withdrawal by the Public Prosecutor

Explanation using Example

Example 1: Withdrawal of Prosecution Due to Lack of Evidence

Introduction: In the town of Vijayawada, a man named Ramesh is accused of theft under Section 379 of the Indian Penal Code. The Public Prosecutor, after reviewing the evidence, finds that the key witness has retracted their statement, leaving insufficient evidence to proceed.

Application: The Public Prosecutor requests the Magistrate to withdraw from the prosecution, citing insufficient grounds to continue. According to Form No. 40 of The Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, the Magistrate evaluates the request.

Outcome: The Magistrate grants permission for withdrawal, and Ramesh is acquitted. This decision is based on the lack of evidence, ensuring that the legal process is fair and just.

Conclusion: This example highlights the importance of sufficient evidence in criminal proceedings. The withdrawal prevents unnecessary legal burdens on the accused when evidence is lacking.

Example 2: Withdrawal Due to New Evidence Favoring the Accused

Introduction: In Hyderabad, a woman named Priya is charged with assault under Section 323 of the Indian Penal Code. During the trial, new evidence emerges showing that Priya acted in self-defense.

Application: The Public Prosecutor, upon reviewing the new evidence, decides to withdraw from the prosecution. The Magistrate, using Form No. 40, assesses the validity...

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