73.
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
D:
The Magistrate has discretion to grant or refuse permission to withdraw the prosecution
The answer is:
C
