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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
N.V. ANJARIA, C.J., K.V. ARAVIND
Girish Bharadwaj S/o Dattatreya H.N. – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
N.V. ANJARIA, C.J.
1. Heard learned advocate Mr. Venkatesh P. Dalwai for the petitioner, learned Advocate General Mr. K. Shashi Kiran Shetty along with learned Additional Government Advocate Smt. Niloufer Akbar and learned advocate Mr. D. Manthan for respondent Nos.1 to 4.
2. The public interest petitioner herein is an advocate enrolled before the Karnataka State Bar Council, who, by filing the present public interest petition, seeks to raise an issue about the decision on part of the respondent-State Government in directing and thereby compelling the Public Prosecutors to withdraw the criminal cases in breach of Section 321 of the Code of Criminal Procedure, 1973.
2.1 The petitioner has prayed for setting aside the Order No.HD 129 MHB 2024 of Government of Karnataka dated 15.10.2024 which was passed by the competent authority, Home Department directing public prosecutors under Section 321 of the Code of Criminal Procedure, 1973 to withdraw the cases filed in various police stations in the State of Karnataka.
3. It is pleaded that the public interest petition is filed for the benefit of the society at large especially in the interest of victims of crime, the cases in resp
The Public Prosecutor must independently exercise discretion in case withdrawals under Section 321 CrPC, free from governmental or political influence, to uphold the rule of law.
Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.
The Public Prosecutor's discretion to withdraw from the prosecution under Section 321 Cr.P.C must be exercised in the interest of justice.
Withdrawal of prosecution under Section 321 Cr.P.C. requires court's consent, ensuring genuine public interest and good faith without disturbance to public order.
Withdrawal of prosecution under Section 321 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
The duty of the Public Prosecutor to exercise discretion with utmost care and circumspection, and not to act under pressure from higher authorities.
Withdrawal from criminal prosecution – Public Prosecutor cannot withdraw from prosecution unless court before which prosecution is pending gives its consent for such withdrawal.
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