Criminal Procedure Code, 1973
Section 321—Withdrawal from prosecution—Power exercisable by Public Prosecutor—While the Public Prosecutor is vested with the power to move an application under Section 321 of CrPC, yet, notwithstanding the fact that the G.O. has been issued, the principles laid down by the Apex Court in State of Kerala v. K. Ajith, 2021 Law Suit (SC) 384 would be followed and the Public Prosecutor would be entitled to take an independent decision as to whether the prosecution has to be withdrawn or not.
[Paras 8 & 9]