https://www.taxtmi.com/caselaws?id=183629 SC held that section 494 of the Code of Criminal Procedure gives the Public Prosecutor an enabling power to seek withdrawal from prosecution with judicial consent, and the Court need not wait for evidence to be recorded or conduct a preliminary trial before acting. The consent power is judicial and requires careful scrutiny to ensure the request is bona fide, free from improper purpose, and not an abuse of process; if the available material shows conviction is unlikely, withdrawal may be allowed. The Court also held that an application for withdrawal is maintainable at the committal stage in a Sessions case and is not confined to the trial stage. The High Court order was set aside and the Magistrate's consent to withdrawal restored. en-us Thu, 31 Jan 1957 00:00:00 +0530 Thu, 16 Jun 2016 18:14:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183629 SC held that section 494 of the Code of Criminal Procedure gives the Public Prosecutor an enabling power to seek withdrawal from prosecution with judicial consent, and the Court need not wait for evidence to be recorded or conduct a preliminary trial before acting. The consent power is judicial and requires careful scrutiny to ensure the request is bona fide, free from improper purpose, and not an abuse of process; if the available material shows conviction is unlikely, withdrawal may be allowed. The Court also held that an application for withdrawal is maintainable at the committal stage in a Sessions case and is not confined to the trial stage. The High Court order was set aside and the Magistrate's consent to withdrawal restored. Case-Laws Indian Laws Thu, 31 Jan 1957 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183629