Scope of S.321 of Code of Criminal Procedure, 1973 & Withdrawal From Prosecution

Scope of S.321 of Code of Criminal Procedure, 1973 & Withdrawal From Prosecution 

S.321 deals with "withdrawal from prosecution". S.321 requires consent of the Court. It is the PP or APP who who withdraws from prosecution of any person, but consent of the Court is needed. This is to be done before judgment is pronounced. 

In the case of State of UP v. Bijma Yadav [2019] GCtR 6086 (Allahabad) it was explained in the following terms : 

"Prime consideration before the court while exercising an application under Section 321 Code of Criminal Procedure is that whether the Public Prosecutor has exercised his discretion in good faith and that will serve the public interest. The term good faith as defined under Section 52 of the Indian Penal Code (adopted in light of Section 24 of the Code of Criminal Procedure, 1973) emphasized for due care and attention in doing of the Act concerned."

"Under the Code of Criminal Procedure, 1973, Section 321 enables the Public Prosecutor to withdraw any person from the prosecution, either generally or in respect of anyone or more of the offences for which he is tried. This provision reserves power with sovereign to withdraw any criminal case on the grounds of public policy such as inexpediency of prosecution for reasons of the State, broader public interest, etc. However, the power available is not absolute but subject to consent of the court. Section 321 Code of Criminal Procedure, 1973 (U.P. Amendment) on its face is quite clear in this regard".