A Jayagovind


The author analyses the legal dimensions of withdrawal from criminal prosecutions and concludes that the law leaves wide discretion to the Public Prosecutor as to the considerations which should guide their decision so that they may meet all kinds of contingencies. The Public Prosecutor's power extends to the withdrawal from prosecution for non-juridical considerations, such as reasons of state. However, it is imperative that the Public Prosecutor balance the consequences of the withdrawal as against the enforcement of law; and only withdraw when the former outweighs the latter very clearly. (Editor’s abstract.)



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