Law · Code of Criminal Procedure

Regarding withdrawal from prosecution under criminal procedure law, which of the following statements is NOT correct?

Verified Solution4 OptionsUpdated: October 2026👁️1 View

1The Magistrate possesses judicial discretion to grant or refuse permission to withdraw
2An order granting withdrawal solely on the ground that the whereabouts of the accused are not available is legally sound✓
3The Public Prosecutor can receive executive guidance, but must apply independent mind without extraneous influence
4Where a court is not competent to frame charges, it cannot permit withdrawal from prosecution

Correct answer

An order granting withdrawal solely on the ground that the whereabouts of the accused are not available is legally sound

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