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Law · Q2080

Constitution Of India

Graduate and Post Graduate · Law · question 2080

Q2080

Which one of the following statements is not correct?

A.
Where a court is not competent to frame charge in an offence it shall not be competent to permit, withdrawing from prosecution
B.
The Public Prosecutor is bound to receive instructions from the government and such instructions would not amount to an extraneous influence
C.
An order granting permission to withdraw the prosecution solely on the ground that where about of the accused was not available, is permissible
Answer
D.
The Magistrate has discretion to grant or refuse permission to withdraw the prosecution

Answer: Option C

Solution

Answer: Option C
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