Section 116
Not To Withdraw Cases
(1) No case once filed in the court on any
offence under Schedule-1 or Schedule- 2 shall be capable of being
withdrawn.
(2) Notwithstanding anything contained in sub-section (1),
any case other than any of the following cases may be withdrawn:
(a) A case relating to the offence of forged passport
or citizenship, immigration, corruption, human
trafficking and transportation, smuggling and
transaction of narcotic drugs, poaching of, and
illicit trade in, wildlife, adulteration of goods of
public consumption with poison, murder by
administrating poison, in a cruel or inhumane
way or by taking control, money laundering, or
ancient monuments protection,
(b) A case related to the offence under Section 56 of
Chapter -2, Section 129, 130, 131 or 134 of
Chapter -6, Section 138, 139 or 141 of Chapter -7,
Chapter -8, Section 167 of Chapter -10, Section
206 of Chapter -16, Chapter -17, sub-section (1),
(2) or (3) of Section 219 of Chapter -18, Section
230 or 231 of Chapter -19, or Section 256 of
Chapter -22 of Part-2 of the Penal Code,
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(c) If the withdrawal of a case is prejudicial to the
property right of any person, the case in which
consent of such person is not available to that
extent.
(3) The Government of Nepal shall make directives with
necessary standards on the cases to be withdrawn pursuant to subsection
(2).
(4) If a case to be withdrawn pursuant to sub-section (2),
the Government of Nepal may, in consultation with the Attorney
General, make decision to its withdrawal, in accordance with the
directives made pursuant to sub-section (3).
(5) If the Government of Nepal decides to withdraw a case
pursuant to sub-section (4), the Government of Nepal shall, through
the Attorney General or such government attorney as authorized by
him or her, make a petition, accompanied by the reasons for such
withdrawal, to the concerned court.
(6) If a petition is made pursuant to sub-section (5), the
court shall conduct hearing before granting permission for the
withdrawal of the case.
(7) If, upon conducting hearing pursuant to sub-section (6),
the court deems it reasonable to make order allowing the withdrawal
of the case, the court may make such order allowing such
withdrawal, assigning the reasons for the same.
(8) Notwithstanding anything contained elsewhere in this
Section, no case which is under consideration at the stage of appeal,
reference, review or revision shall be subject to withdrawal.
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offence under Schedule-1 or Schedule- 2 shall be capable of being
withdrawn.
(2) Notwithstanding anything contained in sub-section (1),
any case other than any of the following cases may be withdrawn:
(a) A case relating to the offence of forged passport
or citizenship, immigration, corruption, human
trafficking and transportation, smuggling and
transaction of narcotic drugs, poaching of, and
illicit trade in, wildlife, adulteration of goods of
public consumption with poison, murder by
administrating poison, in a cruel or inhumane
way or by taking control, money laundering, or
ancient monuments protection,
(b) A case related to the offence under Section 56 of
Chapter -2, Section 129, 130, 131 or 134 of
Chapter -6, Section 138, 139 or 141 of Chapter -7,
Chapter -8, Section 167 of Chapter -10, Section
206 of Chapter -16, Chapter -17, sub-section (1),
(2) or (3) of Section 219 of Chapter -18, Section
230 or 231 of Chapter -19, or Section 256 of
Chapter -22 of Part-2 of the Penal Code,
126
(c) If the withdrawal of a case is prejudicial to the
property right of any person, the case in which
consent of such person is not available to that
extent.
(3) The Government of Nepal shall make directives with
necessary standards on the cases to be withdrawn pursuant to subsection
(2).
(4) If a case to be withdrawn pursuant to sub-section (2),
the Government of Nepal may, in consultation with the Attorney
General, make decision to its withdrawal, in accordance with the
directives made pursuant to sub-section (3).
(5) If the Government of Nepal decides to withdraw a case
pursuant to sub-section (4), the Government of Nepal shall, through
the Attorney General or such government attorney as authorized by
him or her, make a petition, accompanied by the reasons for such
withdrawal, to the concerned court.
(6) If a petition is made pursuant to sub-section (5), the
court shall conduct hearing before granting permission for the
withdrawal of the case.
(7) If, upon conducting hearing pursuant to sub-section (6),
the court deems it reasonable to make order allowing the withdrawal
of the case, the court may make such order allowing such
withdrawal, assigning the reasons for the same.
(8) Notwithstanding anything contained elsewhere in this
Section, no case which is under consideration at the stage of appeal,
reference, review or revision shall be subject to withdrawal.
127