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FARJAND ALI
Mubarak @ Salman S/o Sultan Khan – Appellant
Versus
State of Rajasthan through Public Prosecutor – Respondent
ORDER
By the Court:—The legality, propriety and correctness of the order dated 08.01.2016 passed by the learned Additional Sessions Judge No. 3, Chittorgarh in Criminal Case No. 52/2014 have been challenged by the petitioner whereby the criminal prosecution was allowed to be withdrawn by the learned trial Court and the proceedings against the accused-respondents were dropped.
2. Bereft of elaborate details, brief facts necessary for disposal of the instant criminal revision would be that on 23.12.2007, the respondents, in furtherance of their common object, trespassed into the house of the petitioner-complainant, ransacked and vandalized the house as a result of which the entire belongings were destroyed. The fire was of such magnitude that all the household articles got damaged. An FIR bearing No. 460/2007 came to be lodged by the petitioner at Police Station Kapasan, District Chittorgarh upon which, the investigation was conducted. The coloured photographs, site memo, the statements of the witnesses and other independent evidence prima facie made a foolproof case against the accused-respondents for the offences under Sections 147, 148, 149, 435, 436, 454 & 379 IPC and accordingly
Withdrawal from criminal prosecution – Public Prosecutor cannot withdraw from prosecution unless court before which prosecution is pending gives its consent for such withdrawal.
Withdrawal from prosecution must uphold justice and victims' rights; judicial scrutiny is essential.
The Public Prosecutor's discretion to withdraw from the prosecution under Section 321 Cr.P.C must be exercised in the interest of justice.
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.
Withdrawal of prosecution under Section 321 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.
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