ARUN DEV CHOUDHURY
Aynul Haque Laskar S/O Late Abdul Sarkar Laskar – Appellant
Versus
State Of Assam And Anr Represented By The Public Prosecutor – Respondent
JUDGMENT :
Arun Dev Choudhury, J.
1. Heard Mr. N. J. Dutta, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent and Mr. A. M. Barbhuiya, learned counsel for the respondent No. 2.
2. The present application is filed under Section 482 Cr.P.C. for quashing of proceeding in CR case No. 604/2023 pending in the court of learned Judicial Magistrate 1st Class, Hailakandi.
3. Before dealing in details, the argument of the learned counsel for the parties, let this Court first record the facts of the present case which are necessary for proper determination of the case in hand.
The State cannot allow victims to file complaints on the same facts after withdrawal of prosecution under Section 321 Cr.P.C.
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....
Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.
Legal obligations necessitate that an informant must be consulted or notified prior to a public prosecutor's withdrawal of remarks on their case, emphasizing the importance of due process in adjudica....
The duty of the Public Prosecutor to exercise discretion with utmost care and circumspection, and not to act under pressure from higher authorities.
Parties involved in a criminal case under section 498-A IPC, upon reconciliation, are entitled to seek withdrawal of the prosecution by presenting an application to the criminal court for the Public ....
The main legal point established in the judgment is the requirement of written permission from the State Government for withdrawal from prosecution under Section 321 Cr.P.C., emphasizing the prosecut....
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