“Nolle Prosequi”-Word/ Doctrine of the Day

“Nolle Prosequi”

A latin phrase which means to be unwilling to pursue a suit by a plaintiff or prosecutor. It is a kind of withdrawal of suit and it is not an acquittal as the case/ suit is not decided/ adjudicated on merit.  For example, Section 321 of the Criminal Procedure Code, 1973 (India) provides that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried. Similarly, Order XXIII of the Code of Civil Procedure, 1908 (India) deals with the withdrawal of suits.