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SURESHWAR THAKUR
Ramesh Dalal – Appellant
Versus
The State Of Haryana – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral). - Through the instant petition cast under Section 482 of the Cr.P.C., the petitioner prays for quashing, and, setting aside of dis-affirmative concurrent orders, recorded respectively by the learned Judicial Magistrate Ist Class, Rohtak, and, by the learned Additional Sessions Judge, Rohtak, upon the public prosecutor's application cast under Section 321 of the Cr.P.C.
2. The genesis of the prosecution case becomes rested, upon, a FIR bearing No.0068 of 15.02.2016, registered at Police Station Sampla, embodying therein offences constituted under Sections 8A of the National Highway Act, 1956, and, under Sections 283, 341, 147, 149 of the IPC. Since the FIR is laconic thereupon, it is reproduced hereinafter.
"To, SHO, Police Station, Sampla, Jai Hind. Today I, SI alongwith EHC Narender No. 465 and EASI Rameshwar 873 was present at Eastern bypass Chowk, NH-10 at Sampla in connection with law and order duty, where at Sampla Chowk the agitationist of Jat agitation had blocked the road. They after opening the Jam went to Choturam Museum and again the mob of 100/150 people Jammed the road and started raising slogans and started stopping the vehicles wh
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....
The central legal point established in the judgment is the requirement for the public prosecutor to act in good faith and in the interest of public policy and justice when making an application for w....
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 duty of the Public Prosecutor to exercise discretion with utmost care and circumspection, and not to act under pressure from higher authorities.
The ultimate guiding consideration for withdrawal from prosecution must be the interest of administration of justice, and the Public Prosecutor must apply independent judgment.
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.
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