• Withdrawal from prosecution

Sir i have been exonerated by the 2 departmental inquiry committees, one before the FIR and 2nd after the charge was framed by the vigilance organisation & sanction for prosecution given by chairman without deliberation by the BOD's for drawl of excess rent , Board wanted to withdraw the sanction but could not do so because of the legal hitch , sanction once given can not be withdrawn - legal opinion by AG. 
The chalan was produced in the trial court and i am sure i shall prove my innocence , the corporation still wants to help because they know that i am being dragged in a false case .
pl advice if there is any legal way out  to withdraw / close the said case during the trial by the corporation ( state psu )
Regards
Elyas
Asked 6 months ago in Criminal Law from New Delhi, Delhi
Religion: Muslim
1) file for quashing of complaint before the HC under section 482 of CRpc 

2) rely upon report of inquiry committee exonerating you 

3) since sanction has been given by chairman without approval of BOD you have good case on merits 

Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
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1)Once a Prosecution is launched it cannot be halted except for sound considerations germane to public justice. 

2) ? Section 321makes room for such consideration by enabling the Public Prosecutor to withdraw from prosecution with prior consent of court. 

3) ? The objects are for promotion of public peace , public justice , long lasting security in a locality , harmony or for halting false and vexatious prosecution

4) Only public Prosecutor is having discretion to withdraw from Prosecution

5) Public Prosecutor must apply his mind independently as a free agent and should not be influenced by any extraneous considerations

6)  For insufficient evidence, the prosecutor cannot advise the police not to file a charge sheet but on the same ground he can seek withdrawal from prosecution after it is filed before the court. 

7) you cannot apply to corporation to with draw from prosecution 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
The chalan was produced in the trial court and i am sure i shall prove my innocence , the corporation still wants to help because they know that i am being dragged in a false case .
pl advice if there is any legal way out  to withdraw / close the said case during the trial by the corporation ( state psu 

If the offences are non compoundable then when even the corporation decides to withdraw, it cannot do so, however since you have been exonerated by the departmental inquiry committees you may file for quash of the proceedings before high court to which the department may file an affidavit expressing no objection to petition filed for quashing the proceedings before the trial court.
This may be an option to come out of the cases safely.
Alternately if your department wants to help you then while trial the witness who may depose evidence from corporation side may turn hostile  after which the case may not be maintainable and you shall be acquitted in the case.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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CAN I APPLY TO THE CORPORATION , IN VIEW OF DEPARTMENTAL INQUIRY TO INITIATE WITHDRAWAL FROM PROsecution under section 321 cr. p. c.............
if yes, how can corporation proceed in this direction.

This may not be possible for the said reasons. 
You may ask the department to follow the options given in my previous answer which may be practical and helpful to you or you can discuss with the public prosecutor itself about this for next step on this.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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Departmental inquiry and criminal prosecution operate in different field as the degree of proof required to prove the allegations in both is not the same. In the facts and circumstances of your case you may move for quashing of FIR. 
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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The best option is to move the high court for quashing the FIR. you cannot apply to corporation to with draw from prosecution. More over Departmental inquiry and criminal prosecution are two different entities and applied in different occasions. 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0

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