Prosecution of a case involving misappropriation of property belonging to the Central Government can be…
The proviso to section 321 provides that, where the offence involves misappropriation of property belonging to the Central Government and the prosecutor in charge was not…
Choose your answer
Prosecution of a case involving misappropriation of property belonging to the Central Government can be withdrawn by:
Answer and explanation
Correct answer C
The proviso to section 321 provides that, where the offence involves misappropriation of property belonging to the Central Government and the prosecutor in charge was not appointed by the Central Government, he must first be permitted by the Central Government before moving the court for withdrawal. Hence "The Public Prosecutor appointed by the State Government on permission granted by the Central Government". Withdrawal also always needs the consent of the court.
Current law: From 1 July 2024 the corresponding provision is BNSS section 360. Section 531 saves specified proceedings pending at commencement under the CrPC. The BNSS also requires giving the victim an opportunity to be heard before permitting withdrawal.
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