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SAURABH SRIVASTAVA
Jawahar Lal Vats – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Saurabh Srivastava, J.
1. Heard Sri Sushil Shukla, learned counsel for revisionist, Sri Arvind Kumar Srivastava and Sri Rajarshi Gupta assisted by Sri Pranshu Gupta, learned counsels on behalf of opposite party no. 2 as well as learned AGA for the State.
Prayer
2. The instant revision has been preferred with a prayer to allow the revision and set aside the impugned order dated 6.9.2011 passed by Ld. ACJM IV th, Meerut in Case No. 3901 of 2010 u/s 307 IPC, PS Nauchandi, District Meerut (State Vs. Sanjai Bansal & other) whereby the learned Magistrate has allowed the withdrawal application dated 7.5.2010 moved by the Ld. Assistant Prosecuting Officer thereby consenting withdrawal from the prosecution of accused-opposite party nos. 2 &3 in aforesaid criminal case u/s 321 Cr.P.C.
It is also prayed to consequently direct the learned Magistrate to expeditiously proceed with the trial of the aforesaid case against the accused persons and conclude the same within a period of time as this Hon’ble Court may deem fit & proper to direct, otherwise the revisionists shall suffer irreparable loss.
And by way of interim measure, it is further prayed that this Hon’ble Court may be pleased to st
The public prosecutor must independently assess the legitimacy of withdrawal from prosecution under Section 321 Cr.P.C, ensuring it serves public justice.
Point of law : Applications under Section 156(3) Cr.P.C. are now coming in torrent and thus exercise of the powers under Section 156(3) Cr.P.C. should be used sparingly and not in routine manner.
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....
At the stage of considering an application for discharge, the court must proceed on the assumption that the material brought on record by the prosecution is true and evaluate the material to determin....
Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the cas....
The main legal point established in the judgment is the requirement of written permission from the State Government for withdrawal from prosecution under Section 321 Cr.P.C., emphasizing the prosecut....
Revision under Section 397(1) Cr.P.C. read with Section 401 Cr.P.C. not maintainable against the revisionary order of the Sessions Judge - No grounds for exercise of inherent power by this Court unde....
The court emphasized that a prospective accused can only be summoned under Section 319 Cr.P.C. if strong and cogent evidence emerges, not merely based on allegations or inconsistencies in witness sta....
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