Withdrawal of remaining charges on conviction on one of several charges
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Summary
If multiple charges are framed and the accused is convicted on one or more, the complainant or the prosecution officer may, with the court's consent, withdraw the remaining charges. The court may also stay the inquiry or trial on its own. Withdrawal operates as an acquittal on those charges unless the conviction is later set aside, in which case the court can reopen the withdrawn charges subject to the order setting aside the conviction.
Example
Priya accuses Arjun of theft and criminal intimidation, and the court convicts Arjun only for theft. With the court's consent the prosecutor withdraws the intimidation charge. That withdrawal is treated as an acquittal on intimidation unless the theft conviction is later set aside, in which case the court can reopen the withdrawn charge.
Bare Act
Enacted textWhen a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.
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