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RITU RAJ AWASTHI
High Court Of Karnataka – Appellant
Versus
State of Karnataka – Respondent
ORDER
1. Heard.
2. Mr. Aditya Sondhi, learned Amicus Curiae has drawn the attention of the Court towards the order of the Apex Court dated 10.08.2021 in W.P.(Civil) No.699/2016 (ASHWINI KUMAR UPADHYAY vs UNION OF INDIA AND ANOTHER), whereby the Apex Court has made the following observations:
"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).
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.
We have heard Mr.Vijay Hansaria, learned amicus curiae, Mr.Tushar Mehta, learned Solicitor General as also the learned counsel for the parties.
At the outset we may note that t
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....
Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.
(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....
The duty of the Public Prosecutor to exercise discretion with utmost care and circumspection, and not to act under pressure from higher authorities.
The State cannot allow victims to file complaints on the same facts after withdrawal of prosecution under Section 321 Cr.P.C.
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