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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
K. Dinabandhu Reddy – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. accident circumstances and procedural issues. (Para 3 , 4 , 5 , 6) |
| 2. petitioner's arguments against case withdrawal. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. principles for prosecution withdrawal under cr.p.c. (Para 20 , 21 , 22) |
| 4. court's confirmation of withdrawal order. (Para 23) |
| 5. disposal of crlmps. (Para 24) |
JUDGMENT :
S.K. Panigrahi, J.
1. The Petitioner in CRLMP No.481 of 2022 prays to quash the order dated 12.11.2016 passed in G.R. Case No.13 of 2010 by the learned J.M.F.C., Ranpur permitting the learned Additional Public Prosecutor to withdraw the case under Section 321 of the Cr.P.C.
2. The Petitioner in CRLMP No.1478 of 2019 seeks a direction from this Court to the Opposite Party No.1/ Superintendent of Police, Nayagarh to conduct a fresh inquiry or reinvestigate the matter pertaining to Ranapur P.S. Case No.13 of 2010 in connection with G.R. Case No.13 of 2010 pending in the court of the learned J.M.F.C., Ranpur.
I. FACTUAL MATRIX OF THE CASE
3. The Petitioner who is the informant lodged a written report on 18.01.2010 in Ranapur P.S alleging, inter alia, that while he was proceeding to Berhampur from Bhubaneswar in the car bearing No.OR.02AY-8496 on 03.01.2010.
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 State cannot allow victims to file complaints on the same facts after withdrawal of prosecution under Section 321 Cr.P.C.
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....
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....
The main legal point established in the judgment is that the discretion under Section 321 of the Cr.P.C. must be exercised in the interest of public policy and justice, ensuring that the withdrawal f....
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