Section 321 of CrPC : Section 321: Withdrawal From Prosecution

Explanation using Example

Imagine a scenario where a person named John is on trial for a minor offense, such as causing a public disturbance. The Public Prosecutor, after reviewing the case, believes that continuing the prosecution is not in the public interest, perhaps because John has no prior offenses and has already compensated for the disturbance caused.

In this case, the Public Prosecutor can decide to withdraw from prosecuting John. However, the prosecutor must first obtain the court's consent. If the court agrees and the decision to withdraw is made before any formal charges are framed against John, he will be discharged and will not have to face trial for that particular offense.

If the decision comes after charges have been framed, John will be acquitted of the offense, meaning he is found not guilty and the case against him is closed.

However, if John's offense involved any matter under the central government's jurisdiction, such as damaging central government property, the Public Prosecutor would need permission from the Central Government before withdrawing from the prosecution.

In Uttar Pradesh, the Public Prosecutor would additionally need written permission from the State Government before moving the court to withdraw from the case.

This section provides a legal mechanism for prosecutors to discontinue a prosecution if it serves the interests of justice, subject to appropriate checks and balances.