Withdrawal from prosecution
A Court may consent for
withdrawal of a case against any accused if it is satisfied with the reasons
assigned by the Public Prosecutor in his application for withdrawal. In the instant
case the learned Magistrate acted illegally in according permission for
withdrawal simply on the ground that the Government had instructed the Deputy
Commissioner concerned for withdrawal of the case. Law does not contemplate
such a mechanical or- der of withdrawal-Code of Criminal Procedure, 1898 (V of
1898) Section 494
Altab Hossain Vs Kobed Ali
and others, 16BLD(HCD)418
Discretion of
court-withdrawal from prosecution Withdrawal from prosecution is subject to the
consent by the trial Judge. When the accused persons are still absconding the
discretion ought not to have been exercised. Sreemati Prativa Rani Dey Vs. Dr.
MohammadYousuf, Chittagong, 20BLD (AD) 54
Withdrawal from prosecution
The consent mentioned in
section 494 of the Code is not to be given mechanically. The Court is to
exercise its function judicially be- fore giving such consent which implies
that the court will have to examine the materials on which the Government
decides withdraw of a case.
In the instant no reason/ground
has been assigned for the withdrawal of the case and there is no indication
that materials were considered before taking the Divisional Special Judge
committed illegality in allowing withdrawal. Under the circum- stances the High
Court Division also failed to appreciate the legal aspect of the matter and
wrongly refused to interfere in the matter and thereby committed illegality. Sreemati
Prativa Rani Dey Vs Dr MohammadYousuf, Chittagong,20BLD (AD)54
