Back
FARJAND ALI
Praveen Bhatia S/o Shri Brajmohan Bhatia – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
FARJAND ALI, J.
1. By way of instant criminal misc. Petition, challenge has been made to the order dated 10.4.2015 passed by the learned ACJM, Jhalrapatan in Criminal Case No. 256/2013 titled as State of Rajasthan vs. Praveen Kumar and Others as well as against the order dated 10.7.2018 passed by learned Special Judge, NDPS Cases, Jhalawar in criminal revision no. 9/2018 whereby the application filed by the learned Assistant Public Prosecutor on behalf of State of Rajasthan under Section 321 of the Cr.P.C. for withdrawal of the prosecution against the petitioners has been declined and the order has been affirmed by the revisional Court.
2. Brief facts necessary for the disposal of the instant misc. Petition are that the petitioners are facing trial for the accusation of committing offence under Section 332, 353 and 504 IPC. During the course of trial, an application under Sec. 321 of the Cr.P.C. came to be submitted by the Assistant Public Prosecutor with the averments that the State of Rajasthan has resolved to withdraw the prosecution in this case, therefore, the application under Section 321 of the Cr.P.C. may be allowed.
3. After hearing the learned counsel for petitione
Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.
Withdrawal of prosecution requires justification in public interest and cannot be merely on administrative instructions without substantiation.
Withdrawal of prosecution under Section 321 of Cr.P.C. requires judicial consent, an independent assessment by the Public Prosecutor, and must serve the interests of public justice.
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 ultimate guiding consideration for withdrawal from prosecution must be the interest of administration of justice, and the Public Prosecutor must apply independent judgment.
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....
The Prosecutor must exercise discretion in withdrawal from prosecution honestly and in public interest, free from political influence.
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
