have exercised his discretion of withdrawing from the case.
21. By nolle prosequi in England is meant a stay of proceedings entered by the leave ... apply to the Attorney General for his direction that a nolle prosequi be entered and such application is made quite informally, e. g. by letter
witness for the prosecution it was formerly the practice to enter nolle prosequi as to him.
6. The learned Deputy Legal Remembrancer has drawn ... each co-defendants must have been acquitted, or have obtained a nolle prosequi or have pleaded guilty: see p. 453, 5th edition
Court of new South Wales it has been held that a nolle prosequi by the Attorney-General or a refusal to continue a prosecution actually ... lays his emphasis --
"that the prevailing opinion is that a nolle prosequi is a sufficient termination of the proceedings; but
it has, with some
Nolles Prosequi-Nature and scope of power under
section 321 of the Code of Criminal Procedure,
1973-In the discharge of his duties, whether ... interest etc. would be relevant for
withdrawing from the prosecution.
D. Nolles Prosequi-Accused charged with offences of
criminal misconduct and forgery-Permission to
withdraw
Supreme Court could interfere with the granting consent
orders for "Nolles Prosequi" against the accused, when the
orders of the Special Judge
Practice (32nd
Ed.),pp. 108, 109, s. 12, that "a nolle prosequi to stay
proceedings upon an indictment -or information pending in
any Court ... provision corresponding to the power of the
Attorney-General to enter nolle prosequi is s. 333 of the
Code of Criminal Procedure which refers
administrative capacity it can ask the.
Advocate-General to enter a nolle prosequi and terminate the
trial. This a statutory power. Babu Lal Chokhani
than subverted by such withdrawal. That is
the essence of the nolle prosequi jurisprudence.
We wish to stress, since impermissible influences
occasionally infiltrate into this
stage of final arguments, many public prosecutors
have entered NOLLE PROSEQUI in cases where they thought that a charge
could not be framed
special provisions. Thus under Section 333 of the Code, a nolle prosequi by the Advocate-General operates as an acquittal if the Judge so directs ... representative of the Crown, the nominal prosecutor, enters a nolle prosequi, which operates not as an acquittal, but as a stay of proceedings upon
