N. V. RAMANA, VINEET SARAN, SURYA KANT
Ashwini Kumar Upadhyay – Appellant
Versus
Union Of India – Respondent
ORDER :
The Court is convened through Video Conferencing.
1. At the commencement of hearing, Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the Union of India seeks further time to comply with the directions passed by this Court on 10.09.2020, 16.09.2020, 06.10.2020 and 04.11.2020 regarding filing of Status Report regarding pending cases against the legislators (sitting or former).
2. Finally, two weeks’ time is granted to the learned Solicitor General to file response/affidavit in compliance of the directions given by this Court vide orders dated 10.09.2020, 16.09.2020, 06.10.2020 and 04.11.2020 with a copy in advance to the learned amicus curiae within ten days.
3. We have heard Mr.Vijay Hansaria, learned amicus curiae, Mr. Tushar Mehta, learned Solicitor General as also the learned counsel for the parties.
4. At the outset we may note that the learned Amicus has filed his 13th Report dated 09.08.2021. The Report, inter alia, addresses various concerns which are broadly indicated as under:
(II) Continuity of tenure of Judicial Officers
(III) Jurisdiction of Special Court (M.P./M.L.A.) t
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The main legal point established in the judgment is the need to ensure that the power under Section 321, Cr.P.C. is utilized in public interest and not for extraneous or political considerations. The....
(1) Withdrawal from prosecution – Public Prosecutor who has duty to assist Court with a fairly considered view on the case, in his application and in interest of justice should disclose all reasons t....
Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.
The duty of the Public Prosecutor to exercise discretion with utmost care and circumspection, and not to act under pressure from higher authorities.
Criminal Law - Seeking permission to withdraw from prosecution - Legality of impugned order and justifying request for withdrawal - When the prosecution is allowed to be withdrawn there is always an ....
Points Of Law : Withdrawal from prosecution at the instance of the Public Prosecutor or Assistant Public Prosecutor - Indisputably, consent of the Court is necessary
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