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DINESH KUMAR SINGH
State of U. P. – Appellant
Versus
Court Of Spl. Judge M. P. /M. L. A. /A. S. J. Viraebareli Andors – Respondent
JUDGMENT :
Dinesh Kumar Singh, J.
1. Present revision has been filed by the State under Section 397/401 Cr.P.C. against the order dated 14.10.2020 passed by learned Special Judge/M.P./M.L.A./ VI-Additional Sessions Judge, Raebareli on an application filed by the Public Prosecutor for withdrawal from prosecution in Criminal Case No.573 of 2012: State vs. Mayankeswar Saran Singh and others arising out of Crime No.158 of 2007 under Sections 147, 148, 149, 307, 436, 397, 395, 323, 504, 506, 427 IPC and 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, (for short 'Gangsters Act') Police Station Mohanganj, District Raebareli.
2. Learned trial Court has rejected the said application on the ground that charge has not yet been framed inasmuch as the accused has not remained present before the Court. The case has remained pending since 2007. Application for withdrawal from prosecution under Section 321 Cr.P.C. was moved in the year 2012/2019. However, Public Prosecutor in application had not stated any fact on the basis of which it would be evident that withdrawal from prosecution would be in larger public interest. Public Prosecutor has only mentioned in the application that ther
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 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
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 Cr.P.C. requires judicial consent, with the court ensuring it serves public interest, reflecting the prosecutor's independent evaluation of the case's meri....
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