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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANOOP KUMAR DHAND
Kailash Ram, S/o Shri Bhakar Ram – Appellant
Versus
State of Rajasthan, Through Its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. challenging a withdrawal of a complaint (Para 1 , 2) |
| 2. opposition to petitioner's arguments (Para 3 , 6) |
| 3. court's review of factual findings (Para 4 , 5) |
| 4. locus standi of third parties in criminal proceedings (Para 7 , 8 , 9) |
| 5. legal precedent on locus standi limitations (Para 10 , 11 , 12) |
| 6. public prosecutor's prerogative in withdrawing prosecutions (Para 18 , 19) |
| 7. no merit found to interfere with lower court's decision (Para 22 , 23) |
| 8. conclusion and dismissal of the petition (Para 24 , 25) |
Order :
ANOOP KUMAR DHAND, J.
1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 20.09.2025 passed by the learned Additional Civil Judge and Judicial Magistrate No. 3, Ajmer by which the application submitted by the complainant-respondent to withdraw the complaint filed by him has been allowed.
2. Counsel for the petitioner submits that for various offences pertaining to human trafficking and forgery of documents, a complaint was filed by the complainant-respondent against the accused persons before the Court of Judicial Magistrate No.3- Ajmer. Counsel submits that the complaint, so preferred by the complainant, reve
A third party lacks locus standi to challenge a withdrawal of a criminal complaint, as this right is exclusive to the complainant or victim.
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 ....
Withdrawal of prosecution under Section 321 Cr.P.C. requires judicial consent, with the court ensuring it serves public interest, reflecting the prosecutor's independent evaluation of the case's meri....
The State cannot allow victims to file complaints on the same facts after withdrawal of prosecution under Section 321 Cr.P.C.
Withdrawal of prosecution under Section 321 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
The duty of the Public Prosecutor to exercise discretion with utmost care and circumspection, and not to act under pressure from higher authorities.
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