Back
RAJESH SINGH CHAUHAN
Prem Narayan Pandey – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
1. Heard Sri Rajendra Prasad Mishra along with Sri Pradeep Kumar Shukla, learned counsels for the applicant and Sri Alok Saran with Sri Rajesh Kumar Singh, learned Additional Government Advocates for the State.
2. Sri Rajendra Prasad Mishra, learned counsel for the applicant has filed supplementary affidavit, today in the Court, the same is taken on record.
3. By means of this application/petition filed under Section 482 Cr.P.C., the applicant has prayed for the following reliefs:-
(ii) to allow the application filed by the Public Prosecutor under Section 321 Cr.P.C. bearing Application No.26Ka.
(iii) to quash the entire criminal proceedings of Crl. Case No.100 of 2019; State vs. Prem Narayan Pandey, arising out of Case Crime No.109 of 2003, under Section 60/72 of Excise Act, Police Station-Tarabganj, District-Gonda pendng in the Court of learne
Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.
The ultimate guiding consideration for withdrawal from prosecution must be the interest of administration of justice, and the Public Prosecutor must apply independent judgment.
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 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.
Withdrawal of prosecution under Section 321 of Cr.P.C. requires judicial consent, an independent assessment by the Public Prosecutor, and must serve the interests of public justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
