Description

The Public Prosecutor or Assistant Public Prosecutor handling a case may, with the Court's consent and at any time before the judgment is delivered, withdraw from prosecuting any person, either entirely or in relation to one or more of the offences they are charged with. Upon such withdrawal:

1. If the withdrawal occurs before a charge has been framed, the accused will be discharged in relation to the offence(s) concerned;
2. If the withdrawal is made after a charge has been framed, or when no charge is required under this Code, the accused will be acquitted in relation to the offence(s) concerned.

Provided that:

• The offence was related to a matter falling under the executive power of the Union;
• The offence was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946);
• The offence involved misappropriation, destruction, or damage to property owned by the Central Government;
• The offence was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of their official duties;

If the prosecutor in charge has not been appointed by the Central Government, they may not move the Court to withdraw from the prosecution unless they have obtained permission from the Central Government. In such cases, the Court shall require the prosecutor to present the permission granted by the Central Government before consent to withdraw can be given.

If, during an inquiry into an offence or a trial before a Magistrate, it appears that:

• The Magistrate has no jurisdiction to try the case or commit it for trial;
• The case should be tried or committed for trial by another Magistrate within the district;
• The case should be tried by the Chief Judicial Magistrate;

The Magistrate shall stay the proceedings and submit the case to the Chief Judicial Magistrate, or to another Magistrate with jurisdiction as directed by the Chief Judicial Magistrate. The Magistrate receiving the case may, if empowered, either try the case themselves, refer it to a subordinate Magistrate with jurisdiction, or commit the accused for trial.