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GAJENDRA KUMAR
Harkesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the applicants and learned AGA for the State.
2. The present application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the order dated 22.05.2023 passed by ADJ/Special Judge (D.A.A.), Court No.13, Agra as well as the entire proceedings of Case Crime No.211 of 2011 (S.S.T. No.75 of 2013), under Sections 147, 148, 149, 435, 427, 395, 397, 506 IPC, Police Station Etmadpur, District Agra, pending in the court of ADJ/Special Judge (D.A.A.), Court No.13, Agra.
3. Brief facts of the case, as per the pleadings are that on 08.05.2011 at about 07:30 am, the hundreds of people including women, who were armed with deadly weapons, made an attack upon the camp office of Vijay Construction Company Pvt. Ltd., after pouring the kerosene oil, set it on fire and in huge quantity of steel plates and others shattering plates were taken away, had also broken the light, welding machine and when the workers of the company tried to protect the same, the accused persons also committed the tussle with them, they hardly saved their lives from the accused persons and some of them were identified and their names were mentioned in the F.I.R..
4. It
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 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 duty of the Public Prosecutor to exercise discretion with utmost care and circumspection, and not to act under pressure from higher authorities.
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.
The Public Prosecutor's discretion to withdraw from the prosecution under Section 321 Cr.P.C must be exercised in the interest of justice.
Withdrawal of prosecution under Section 321 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
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