494. Effect of with-drawal from prosecution

7 judgments cite this provision SC

Any Public Prosecution may, with the consent of the Court, in cases tried by jury before the return of the verdict, and in other cases before the judgment is pronounced, withdraw from the prosecution of any person [either generally or in respect of any one or more offences for which he is tried; and, upon such withdrawal, -

(a) if it is made before a charge has been framed, the accused shall be discharged [in respect of such offence or offences];

(b) if is made after a charger has been framed, or when under this Code no charge is required, he shall be acquitted [in respect of such offence or offences.]