Multiple choice

At any time before the judgement is pronounced, the prosecution of any person may be withdrawn with the consent of the court by

  1. on whose instance first information report was recorded

  2. the investigating officer of the case

  3. the Public Prosecutor or Assistant Public Prosecutor in charge of the case

  4. the person aggrieved by the offence
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C Correct answer
Explanation

Option (1) is incorrect: No provision under the Code of Criminal Procedure. Option (2) is incorrect: Withdrawal is always by the Public Prosecutor or Assistant Public Prosecutor in charge of a case. Option (3) is correct: Under Section 321 of the Code of Criminal Procedure, the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the court, at any time before the judgement is pronounced, withdraw from the prosecution of any person. Option (4) is incorrect: No provision under the Code of Criminal Procedure for the aggrieved persons to withdraw the case.

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