Withdrawal of Prosecution in Indian Criminal Law: From CrPC Section 321 to BNSS Section 360 - Provisions, Procedures and Key Reforms

 Yes, there is a provision for withdrawal of prosecution cases in the Criminal Procedure Code (CrPC) under Section 321, which has now been replaced by Section 360 in the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Provision for Withdrawal in CrPC

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Supreme court: Matters Of Gruesome Crime Don’t Warrant Withdrawal Of Prosecution Merely On The Ground Of Good Public Image Of Accused

 Considering the material on record and the political influence of Accused Chhote Singh and the Trial Court's casual approach towards the accusations against the then sitting Member of Legislative Assembly in allowing withdrawal of his prosecution, this Court is of the opinion that merely because an Accused person is elected to the Legislative Assembly cannot be a testament to their image among the general public. Matters of a gruesome crime akin to the double murder in the present case do not warrant withdrawal of prosecution merely on the ground of good public image of an Accused named in the charge sheet after thorough investigation. Contrary to the Trial Court's view, such withdrawal cannot be said to be allowed in public interest. This reasoning cannot be accepted especially in cases of involvement of influential people. {Para 12}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 2914 of 2024

Decided On: 15.07.2024

Shailendra Kumar Srivastava Vs. The State of Uttar Pradesh and Ors.

Hon'ble Judges/Coram:

Vikram Nath and S.C. Sharma, JJ.

Author: Vikram Nath, J.

Citation: 2024 INSC 529,MANU/SC/0625/2024.

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Whether third person can challenge withdrawal of prosecution by public prosecutor?

 In the case at hand, as is evincible, the learned Chief Judicial Magistrate has dwelt upon the merits and expressed an opinion that the case is not likely to end in conviction. It is clearly manifest that the Public Prosecutor had not applied his mind but had only placed the Government notification on record. The High Court has unsuited the petitioners on the ground that they are third parties who are unconnected with the case. They had filed revisions and the High Court has been conferred power to entertain the revisions and rectify the errors which are apparent or totally uncalled for. This is the power of superintendence of the High Court.

Thus viewed, the petitioners could not have been treated as strangers, for they had brought it to the notice of the High Court and hence, it should have applied its mind with regard to the correctness of the order. It may be said with certitude that the revision petitions filed before the High Court were not frivolous ones. They were of serious nature. It is a case where the Public Prosecutor had acted like a post office and the learned Chief Judicial Magistrate has passed an order not within the parameters of Section 321 CrPC. He should have applied the real test stipulated under Section 321 CrPC and the decisions of this Court but that has not been done.

SUPREME COURT OF INDIA

Abdul Wahab K. Vs. State of Kerala and Others

[Criminal Appeal No. 1047 of 2018 arising out of S.L.P. (Criminal) No. 10703 of 2013]

Coram:

Dipak Misra, CJI,

D Y Chandrachud J.

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Whether complainant can object to withdrawal of Criminal prosecution?

As any citizen can lodge an FIR or file a complaint and set the machinery of the criminal law in motion, and his locus standi to do so cannot be questioned, there is no reason why a citizen, who finds that a prosecution for an offence against Society is being wrongly withdrawn, cannot oppose such withdrawal. If he can be a complainant or initiator of criminal prosecution, he should equally be entitled to oppose withdrawal of the criminal prosecution which has already been initiated at his instance. If the offence for which a prosecution is being launched is an offence against society, and not merely an individual wrong, any member of the society must have locus to initiate a prosecution as also to resist withdrawal of such prosecution, if initiated. 
Andhra High Court

Akbaruddin Owaisi.... ... vs The Govt. Of A.P. Rep., By Its ... on 19 July, 2013

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN
WRIT PETITION No.824 of 2013

Citation; 2014 CRLJ 2199 AP

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