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SUBHASH VIDYARTHI
Akshay Pratap Singh @ Gopalji – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI J.
1. Heard the submissions of Sri H.G.S. Parihar, Senior Advocate assisted by Smt. Meenakshi Singh Parihar and Abhiuday Pratap Singh Advocates, the learned counsel for the applicants in Application under Section 482 Nos. 2718 of 2023, Sri. P.K. Singh Bisen Advocate, the learned Counsel for the applicant in Applications under Section 482 No. 4038 of 2023 and 5595 of 2023 and Sri Rao Narendra Singh, the learned AGA-I for the State, Sri Ravi Shanker Singh, the learned counsel for the informant and Sri Ajmal Khan, the learned counsel for the intervener.
2. The application No. 2718 of 2023 has been filed by (1) Akshay Pratap Singh alias Gopalji, (2) Satyendra Singh, (3) Kailash Nath Ojha, (4) Lalji Nigam, (5) Hitesh Kumar alias Pankaj Singh, (6) Rohit Singh alias Rohit Kumar Singh, (7) Raghvendra Pratap Singh alias Mukur alias Raghvendra Singh, (8) Monu sinsh alias Ashutosh Singh, (9) Yogendra Singh, (10) Sarvesh Singh, (11) Prafulla Kumar Singh alias Dabbu Singh, (12) Zulfeqar Ahmad alias Zulfeqar Ahmad Siddiqui, (13) Shailendra Kumar, (14) VInod Kumar, (15) Raghuraj Pratap Singh alias Raja Bhaiya alias Kunwar Raghuraj Pratap Singh, (16) Ram Kumar alias Banti
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.
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....
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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