Which one of the following statements is NOT correct ........

Code of Criminal Procedure (CrPC) 1973 Sentences

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..

Refer to section 321 of the CrPC. Withdrawal cannot be allowed solely on the ground that the whereabouts of the accused is not known.

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