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HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Arun Kumar Singh Deshwal,J.
Dilip Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
(Arun Kumar Singh Deshwal, J.)
1. Heard Sri Ram Prasad Yadav, learned counsel for the applicant and Shri Pankaj Shukla, learned counsel for opposite party no. 2 and Shri Pankaj Srivastava, learned learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 04.09.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 1, Basti in Case No. 1119 of 2017 (State Vs. Dilip Singh), under Sections 384, 352, 504, 506 IPC arising out of Case Crime No. 419 of 2007, P.S.- Paikoliya, District- Basti as well as quash the order dated 31.08.2018 passed in Criminal Revision No. 122 of 2017 (Dilip Singh Vs. State of U.P. and another) and prayer made to allow the application under Section 321 Cr.P.C.
3. The contention of learned counsel for the applicant is that while rejecting the application of the State under Section 321 Cr.P.C., the court below had not considered the fact that on the basis of material no case is made out against him and this fact was ignored by the revisional court and both the impugned orders are absolutely erroneous.
4. Learned counsel for the opposite party no. 2 has submitted
Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.
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.
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 court's consent, ensuring genuine public interest and good faith without disturbance to public order.
The duty of the Public Prosecutor to exercise discretion with utmost care and circumspection, and not to act under pressure from higher authorities.
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