Section 321 of CrPC : Section 321: Withdrawal from prosecution.

Explanation using Example

Example 1:

Scenario: A Public Prosecutor is handling a case where an individual, Rajesh, is accused of theft under Section 379 of the Indian Penal Code. During the trial, new evidence surfaces that clearly proves Rajesh's innocence. The Public Prosecutor decides to withdraw from the prosecution.

Application of Section 321:

• The Public Prosecutor seeks the Court's consent to withdraw from the prosecution.
• The Court reviews the request and grants consent.
• Since the withdrawal is made before the charge has been framed, Rajesh is discharged from the case.

Example 2:

Scenario: An Assistant Public Prosecutor is prosecuting a case against Priya, who is charged with causing grievous hurt under Section 325 of the Indian Penal Code. During the trial, it is discovered that the key witness has recanted their statement, making it impossible to prove the case beyond a reasonable doubt. The Assistant Public Prosecutor decides to withdraw from the prosecution.

Application of Section 321:

• The Assistant Public Prosecutor seeks the Court's consent to withdraw from the prosecution.
• The Court reviews the request and grants consent.
• Since the withdrawal is made after the charge has been framed, Priya is acquitted of the charges.

Example 3:

Scenario: A Public Prosecutor is handling a case involving a government official, Anil, who is accused of misappropriating funds from a Central Government project. The case was investigated by the Delhi Special Police Establishment. The Public Prosecutor, not appointed by the Central Government, decides to withdraw from the prosecution due to lack of evidence.

Application of Section 321:

• The Public Prosecutor must first obtain permission from the Central Government to withdraw from the prosecution.
• The Court directs the Public Prosecutor to produce the permission granted by the Central Government.
• Upon receiving the permission, the Public Prosecutor seeks the Court's consent to withdraw from the prosecution.
• The Court reviews the request and grants consent.
• Depending on the stage of the trial, Anil is either discharged (if before charge framing) or acquitted (if after charge framing).

Example 4:

Scenario: A Public Prosecutor is prosecuting a case against a Central Government employee, Suresh, who is accused of damaging government property. The case is weak due to insufficient evidence, and the Public Prosecutor decides to withdraw from the prosecution.

Application of Section 321:

• The Public Prosecutor must first obtain permission from the Central Government to withdraw from the prosecution.
• The Court directs the Public Prosecutor to produce the permission granted by the Central Government.
• Upon receiving the permission, the Public Prosecutor seeks the Court's consent to withdraw from the prosecution.
• The Court reviews the request and grants consent.
• Depending on the stage of the trial, Suresh is either discharged (if before charge framing) or acquitted (if after charge framing).