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RAHUL CHATURVEDI
Swami Chinmayanand Saraswati – Appellant
Versus
State Of U. P. – Respondent
What is the scope of the Public Prosecutor's power to withdraw from prosecution under Section 321 Cr.P.C. with Court consent? What are the standards and guidelines for judicial review of State Government's decision to withdraw prosecutions under Section 321 Cr.P.C.? What factors must the Public Prosecutor and Court consider to ensure withdrawal serves the administration of justice and public interest?
Key Points: - The judgment discusses that Section 321 Cr.P.C. requires Court consent and that withdrawal must be in public interest and administration of justice; the Public Prosecutor must apply an independent mind rather than acting as an agent of the State. (!) (!) (!) - It cites guidelines from Sheo Nandan Paswan and Kerala v. Ajith (state of Kerala) about judicial review, good faith, and necessity to prevent misuse; the court scrutinizes grounds and cogent reasons for withdrawal. (!) (!) (!) (!) - The State Government’s withdrawal in cases involving serious offenses like rape and exploitation requires cogent, tangible reasons; mere references to "independent mind" are insufficient. (!) (!) - The Full Bench and subsequent Supreme Court guidance emphasize supervisory role of the court over withdrawal decisions and set factors for evaluating public interest, including gravity of offense and impact on public life. (!) (!) (!) (!) - The court in this case rejected withdrawal due to lack of cogent reasons and improper process, directing adherence to law and safeguarding the victim’s interests. (!) (!)
JUDGMENT :
1. Heard Sri Dileep Kumar, Senior learned Advocate assisted by Sri Rajshri Gupta, Sri R.K.S Chauhan and Sri Manish Singh, learned counsels for the applicant, Sri Anurag Pandey, learned counsel for opposite party no. 2, Sri A.K. Sand, learned AGA-I assisted by Sri Ajay Kumar Sharma, learned A.G.A for the State and Sri Sandeep Shukla, Advocate assisted by Sri Rafat Raza Khan Advocate for the “proposed intervener” Sri B.P. Gautam.
2. Pleadings have been exchanged between the parties, and Counter affidavits have been filed by opposite party no.2 Sadhvi Chidarpita Gautam @ Ms Komal Gupta and Mr. Patanjali Mishra, learned A.G.A. have filed their respective counter affidavits on behalf of the State which is already on record. Interestingly, an 'Intervening application' under Chapter XXII Rule 5 of the High Court Rules on behalf of Sri B.P. Gautam, filed by Sri Sandeep Shukla and Sri Rafat Raza Khan Advocate is also on record with the prayer to permit the applicant (Mr. B.P. Gautam, in the capacity of alleged husband of opposite party no.2) be also heard. At the outset, Sri Sandeep Shukla, Advocate was given fullest of the opportunity and audience by the court to establish his cas
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