Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
INDERJEET SINGH, BHUWAN GOYAL
State of Rajasthan – Appellant
Versus
Chimna Ram S/o Rooparam – Respondent
JUDGMENT :
BHUWAN GOYAL, J.
1. The instant criminal misc. petition under Section 528 read with Section 360 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the State seeking permission to withdraw the prosecution in Criminal Case No. 1473/2019 titled as "State of Rajasthan vs. Harlal" pending in the court of Additional Chief Judicial Magistrate, Sardarshahar, District Churu.
2. The facts in short are that on the basis of a complaint filed by the respondent/complainant, F.I.R. No. 17/2019 was registered at Police Station Kotwali, District Churu for the offences under Sections 420 , 467, 468, 471, 193 & 120-B of I.P.C., wherein the allegation was that accused - Harlal Singh submitted his nomination for election on the post of Member, Ward No. 16, Zila Parishad, Churu and along with nomination papers, he submitted mark-sheet and certificate of Class Xth passed and used them as genuine knowing well that same were forged. After conclusion of investigation, the police submitted charge-sheet against the accused - Harlal. During pendency of criminal case, the State Government constituted a committee, which took a decision to withdraw criminal case pending against the accused
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.
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.
The Public Prosecutor's discretion to withdraw from the prosecution under Section 321 Cr.P.C must be exercised in the interest of justice.
Withdrawal of prosecution under Section 321 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
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....
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
