494. Effect of withdrawal from prosecution. Any Public Prosecutor 1* * *may, with the
consent of the Court, 2* * * before the judgment is pronounced, withdraw from the
prosecution of any person 3[either generally or in respect of any one or more of the 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 3[in
respect of such offence or offences] ;
(b) if it is made after a charge has been framed, or when under this Code no charge is
required, he shall be acquitted 3[in respect of such offence or offences].
495. Permission to conduct prosecution.(1) Any Magistrate inquiring into or trying any
case may permit the prosecution to be conducted by any person other than an officer of police
below the rank to be prescribed by the 4[Provincial Government] in this behalf 5* * * but no
person, other than the Advocate General, Standing Counsel, Government Solicitor, Public
Prosecutor or other officer generally or specially empowered by the 4[Provincial Government]
in this behalf, shall be entitled to do so without such permission.
(2) Any such officer shall have the like power of withdrawing from the prosecution as
is provided by section 494, and the provisions of that section shall apply to any withdrawal by
such officer.
(3) Any person conducting the prosecution may do so personally or by a pleader.
(4) An officer of police shall not be permitted to conduct the prosecution if he has
taken any part in the investigation into the offence with respect to which the accused is being
prosecuted.
___________
1 The words “appointed by the G.G in C. or the L.G.” rep. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.134.
2 The words and comma “in cases tried by jury before the return of the verdict, and in other cases” omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch.
3 Ins. by Act, 18 of 1923, s.134.
4 Subs. by A.O., 1937., for “L.G.”.
5 The words “with the previous sanction of the G.G in C.” rep. by the Devolution Act, 1920 (38 of 1920) s.2 and Sch.I.
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