AILET 2017 LLM Question Paper

Question : 51 of 100

Marks: +1, -0

Which one of the following statements is NOT correct ?

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

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