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1977 Supreme(SC) 296

D.A.DESAI, JASWANT SINGH, V.R.KRISHNA IYER
Balwant Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates:
S.K.Sinha

Judgment

KRISHNA IYER, J. - We are not inclined to grant leave for reasons which we may indicate briefly so that similar error may not be committed later.

2. The sole consideration for the public prosecutor when he decides to withdraw from a prosecution is the larger factor of the administration of justice - not political favors nor party pressures nor like concerns. Of course the interests of public justice being the paramount consideration they may transcend and overflow the legal justice of the particular litigation. For instance, communal feuds which may have been amicably settled should not re-erupt on account of one or two prosecutions pending. Labour disputes which might have given rise to criminal cases. when settled, might probably be another instance where the interests of public justice in the broader connotation may perhaps warrant withdrawal from the prosecution. Other instances also may be given where public justice may be served by withdrawal even apart from the merits of the case. In the present case, the situation is totally different. Here is an ordinary criminal case where the first informant gave information to the police, investigation followed and charge sheet w


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