Withdrawal of complaint and withdrawal from prosecution­ Section 248, regarding withdrawal of complaint, applicable.............

 P L D 1971 Lahore 574

Criminal Procedure Code (V of 1898), Ss. 248, 345, 333 & 495‑

Withdrawal of complaint and withdrawal from prosecution­ Section 248, regarding withdrawal of complaint, applicable only to offences triable as summons case‑Proceedings in warrant case cannot be terminated on complainant offering to withdraw complaint‑Section 345 permits compounding of offences specified­ fences under S. 302/326, P. P C. not compoundable‑Withdrawal from prosecution: plea of none prosecution by Advocate General can be entered only in trial before High Court‑Public Prosecutor alone can approach Court for withdrawal of case under S. 494, Cr. P. C. P. D. S. P. not a Public Prosecutor.

Section 248 of the Code of Criminal Procedure provides for the withdrawal of a complaint. It applies only to offences triable as summons case and does not apply to offences triable as warrant case. There is no provision in the Code of Criminal Procedure under which the proceedings in a warrant case may be terminated on the complainant offering to withdraw his complaint. Section 345 of the Code permits composition in respect of the offences specified therein, some of those are in respect of summons cases while others are about the warrant cases. The Court cannot allow the compounding of an offence which is not compound­able under section 345, Cr. P. C. In specifying some of the offences which can be compounded under the said provision, a clear distinction has been made between the cases which concern individuals and others which have reference to the interests of the State. Sections 324 and 325 are compoundable under subsection (2) of section 345 with the permission of the Court before which any prosecution for such offences is pending. The offences under section 302/326 are not compound­able. The only other provisions which permit withdrawal of prosecution are contained in section 333 and section 494 of the Code. Power is given under section 333, Cr. P. C. to the Advocate‑General of entering a nolle prosecution which is an informa­tion laid before the Court on behalf of the Government that the prosecutor will proceed no further in his action. The plea of nolle prosequi can be entered only in a trial before the High Court. Section 494 of the Code empowers the Public Prosecutor to withdraw from the prosecution in all cases before the judgment is pronounced. The Public Prosecutor, therefore, can alone approach the Court for the withdrawal of the case and in the absence of any application no action under section 494 could be taken. The P. D. S. P. is not a Public Prosecutor, because under subsection (1) of section 492 of the Code the Provincial Government is to "appoint, generally, or in any case, or for any specified class of cases, in any local area, one r more officers to be called Public Prosecutors. The P. D. S. P. had not been so appointed he was, held to be not a Public Prosecutor.

Where, therefore, a number of persons were on trial for offences under sections 307/326/325/324/148/149, P. P. C. and the complainant moved an application praying for with­drawal of case against accused, it was held that the complainant could not on application moved by him claim as of right that the District Magistrate should have passed an order on that.