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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
State of Rajasthan – Appellant
Versus
Bhawani Singh Rajawat S/o Kishore Singh – Respondent S.B. Criminal Miscellaneous (Petition) Nos. 6829, 6830 of 2025 – Respondent
| Table of Content |
|---|
| 1. common grounds for withdrawal of prosecution. (Para 1) |
| 2. arguments supporting withdrawal due to public interest. (Para 2 , 3) |
| 3. court's reliance on provisions of section 321 crpc. (Para 4 , 5) |
| 4. principles governing prosecution withdrawal considered. (Para 6) |
| 5. guidelines on withdrawal of prosecution reiterated. (Para 7 , 8) |
| 6. scope of consent needed for prosecution withdrawal. (Para 9) |
| 7. public prosecutor's responsibilities for withdrawal. (Para 10 , 11 , 12) |
| 8. role of public prosecutor in withdrawal context. (Para 13) |
| 9. definition and importance of public interest. (Para 14 , 15) |
| 10. right to peaceful protest defined. (Para 16) |
| 11. conclusion favoring withdrawal of prosecution. (Para 17) |
| 12. order for leave to proceed with prosecution withdrawal. (Para 18 , 19 , 20 , 21) |
ORDER :
1. All these misc. petitions are being decided by this common order since identical question of law and facts are involved in all these misc. petitions, seeking leave of this Court for withdrawal of the case pending before the Trial Court, pursuant to the guidelines framed by the Apex Court in the case of Ashwini Kumar Upadhyay vs. Union of India and Anr. 2021 (20) SCC 599 , as the same pe
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.
Withdrawal of prosecution under Section 321 of CrPC is permissible when it serves public interest and allegations are not substantial.
Withdrawal of prosecution under Section 321 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
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 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.
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.
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