Under Section 321 of CrPC the public prosecutor or Assistant Public Prosecutor in charge of a case may withdraw from prosecution of any person with the consent of the Court at any time before the judgement is pronounced. The draft form is as under:
Before the Honourable Judicial First Class Magistrate Court______(enter station)
CC /ST___(enter case number)
Petition filed to withdraw from prosecuting the case
1. That the above case primafacie makes out no case against the above named accused.
2. Any further proceeding agaisnt him will be abuse of the process of the Court and will only cause unnecessary harrassment of the accused.
Therefore it is humbly prayed that this Honourable Court may be pleased to permit the State to withdraw the case pending against the above accused.
Dated this the ______(enter date)
Sd/-Assistant Public Prosecutor