Law:

Section:

Criminal Procedure Code (V of 1898), Ss. 240, 248, 333, 421, 422, 423 & 494 read with Constitution of Pakistan (1962), Arts. 58 & 61 and Supreme Court Rules, O. X VI, rr. 1 & 2 & O. XXIII, r. 13-Criminal appeal-Whether can be withdrawn ­Distinction between right to withdraw a civil appeal and to abandon a criminal appeal-Appeal by complainant, by special leave, against acquittal by High Court-Appellant does not have right to abandon appeal at his will-Such a course, held, opposed to law public policy and unwarranted by rules and practice of Court-­Application for withdrawal of appeal dismissed. The question which arose in the instant case was up to what stage the right to withdraw an appeal lasts and whether or not the power acquired by the Court to determine the correct­ness of the order of acquittal impinges on that right. It was urged that, in principle, there is no distinction between the right to withdraw a civil appeal and to abandon a criminal appeal: Held, a civil appeal may be withdrawn at the will of the person who brought the appeal for a civil proceeding has for its object the recovery of money and other property or the enforcement of a right for the advantage of the person suing. The duty of the Court to adjudicate upon correctness of the , decree or order passed by the subordinate Court is, therefore, put to an end as soon as the person suing abandons his claim. However, a criminal proceeding has for its object the punishment of a public offence. The difference in the nature of civil and criminal proceedings is evident. One is for personal advantage of the person suing. He may, therefore, retract at any stage and abandon its claim without the consent of the Court. Such a course is not opposed to public policy. The other proceeding is not for personal advantage of the complainant. He does not come to Court to receive something in a criminal proceeding which he may decline to receive at his own will. Like the State he acts "standing forward as prosecutor on behalf of the subject on public grounds". To say that a complainant in criminal proceed­ings has a right to prosecute a person accused of a public offence is, therefore, not a…

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