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2015 Supreme(Del) 1719

SUNIL GAUR
S. P. GUPTA – Appellant
Versus
STATE – Respondent


Advocate Appeared:
Mr. Sudhir Nandrajog, Senior Advocate, with Ms. Kanika Singh, Mr. Tarun Chandiok, Advocate.
Mr. P.K. Mishra, Mr. Karan Singh, Additional Public Prosecutor for respondent-State with Mr. Aman Lekhi and Mr. Mohit Mathur, Senior Advocates, with Mr. Harish Pandey and Mr. Ashok Kumar Sharma, Advocates for complainant/first informant.

JUDGMENT

1. Whether an application for withdrawal from prosecution can be withdrawn at any time at the sweet will of Public Prosecutor, is the question raised in the above-captioned three petitions.

2. Petitioner is an accused in three FIRs i.e. FIR No.90/2000; FIR No.99/2002 and FIR No.148/2002, registered for the offences of cheating, etc., in which the State through the Public Prosecutor had filed applications under Section 321 of Cr.P.C. for withdrawal from the prosecution. These applications were filed on 24th November, 2011 and then abruptly withdrawn on 16th December, 2011 by moving another application but under which provision of law, is not disclosed. Trial court vide common impugned order of 7th January, 2012 has permitted the Public Prosecutor to withdraw the applications under Section 321 of Cr.P.C.. The aforesaid order was challenged by way of three separate revision petitions by petitioner which stand dismissed vide common impugned order of 15th November, 2014.

3. Since the subject matter of these three petitions is identical and the grounds on which quashing of the common impugned order is sought, are also on the same lines, therefore, these three petitions were heard t



















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