Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJEEV SINGH
Ram Chander Yadav – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home Deptt., Lko. – Respondent
| Table of Content |
|---|
| 1. procedural background and factual allegations regarding the criminal case and the withdrawal application. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. the scope of section 321 cr.p.c. and the role of the public prosecutor in withdrawing cases. (Para 8) |
| 3. court's assessment of the public prosecutor's good faith and the validity of the withdrawal application. (Para 9 , 10) |
| 4. final determination to allow the application for withdrawal of prosecution. (Para 11 , 12) |
JUDGMENT :
RAJEEV SINGH, J.
1. Heard Sri Salil Kumar Srivastava, learned Senior Counsel assisted by Sri Kanishk Sinha, learned counsel for the applicant, Sri V.K. Shahi, learned Additional Advocate General and Dr. V.K. Singh, learned Govt. Advocate appearing for the State and Sri I.P. Singh, learned Senior Counsel assisted by Sri Vijay Kumar Verma, learned counsel for the complainant.
2. The present application has been filed with the following prayer :-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass an order thereby quashing the order dated order dated 16.12.2022 passed by Special Judge (MP/MLA)/Additional District Judge, Court No. 3, Faizabad in S.T. No. 8032/2017
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 ultimate guiding consideration for withdrawal from prosecution must be the interest of administration of justice, and the Public Prosecutor must apply independent judgment.
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.
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
