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1) No case once filed in the court on any offence under Schedule-1 or Schedule- 2 shall be capable of being withdrawn.

2) Notwithstanding anything contained in sub-section (1), any case other than any of the following cases may be withdrawn: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,

(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3) The Government of Nepal shall make directives with necessary standards on the cases to be withdrawn pursuant to sub section (2).

4) If a case to be withdrawn pursuant to sub-section (2), the Government of Nepal may, in consultation with the Attorney General, make decision to its withdrawal, in accordance with the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.