Facts
The respondent was charged with causing death through dangerous driving c/ss. 40(8) and 63(2)(a) of the Road Traffic Act. After the case had dragged for one year and nine months the prosecution applied to withdraw the case under s. 86(a) of the Criminal Procedure Code. The court refused its consent to withdraw the case instead discharged the accused under section 201 of the Criminal Procedure Code. During the revision proceedings the court considered whether the subordinate court acted within its powers.
Held: (i) Section 201 of the Criminal Procedure Code under which the trial magistrate purported to dismiss the case and discharge the accused was the wrong section.
(ii) the error in citing the wrong section did not occasion any failure of justice and was curable under s. 346 of the criminal Procedure Code.
(iii) if there is no evidence led in support of the charge then the presiding magistrate has no alternative but to dismiss the charge and acquit the accused person under section 205 of the Criminal Procedure Code because failure to adduce evidence implies that the accused has no case to answer.
(iv) the District Court exercised its discretion judiciously to refuse consent to the prosecution's application to withdraw the case.
(v) where the court refuses to adjourn a case under s.201 of the Criminal Procedure Code then s. 205 automatically applies.
Case Information
Order accordingly
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