Back
IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
Dipak Mishra – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Two writ petitions being WPA (P) No. 67 of 2021 (hereinafter referred to as the first writ petition for the sake of convenience) and WPA (P) No. 68 of 2021 (hereinafter referred to as the second writ petition for the sake of convenience), filed as public interest litigations, have been heard analogously as they involve similar issues.
2. Both the writ petitions have been specially assigned before this Bench.
3. Both the writ petitioners have claimed themselves to be advocates by profession and practising before the Courts of Contai, Tamluk and Haldia. Writ petitioners in both the writ petitions have been represented by the same set of learned advocates.
4. Learned senior advocate appearing for the petitioners has drawn the attention of the Court to the prayers made in the first writ petition. He has contended that, on February 10, 2020, writ petitioner of the first writ petition came to know that, State gave instructions to the respondent No. 6 in such writ petition to apply under Section 321 of the Criminal Procedure Code to withdraw 4 criminal cases in respect of which charge-sheets had been filed. He has pointed out that, in 3 criminal cases, charge-s
The withdrawal of criminal prosecution under Section 321 Cr.P.C. requires the Public Prosecutor to act independently in the interest of justice, and while the court has the final authority to consent....
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 Cr.P.C. requires court's consent, ensuring genuine public interest and good faith without disturbance to public order.
The Public Prosecutor's discretion to withdraw from the prosecution under Section 321 Cr.P.C must be exercised in the interest of justice.
A third party lacks locus standi to challenge a withdrawal of a criminal complaint, as this right is exclusive to the complainant or victim.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
