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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SHREE PRAKASH SINGH
Damyanti Devi – Appellant
Versus
State Of U.P. Thru. Secy. Home Lko. – Respondent
| Table of Content |
|---|
| 1. procedural history and factual background leading to the current challenge. (Para 1 , 2 , 3 , 4 , 5 , 6 , 12 , 13) |
| 2. parties' contentions regarding the legitimacy of the section 321 crpc withdrawal application. (Para 7 , 8 , 9 , 10 , 11) |
| 3. necessity for trial courts to consider specific grounds in withdrawal applications. (Para 14 , 15) |
| 4. scope and duty of trial courts under section 321 crpc per sheonandan paswan judgment. (Para 16 , 17 , 18 , 19) |
| 5. order setting aside impugned decisions and remitting matter for fresh evaluation. (Para 20 , 21 , 22) |
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. Heard Mr. Sunil Dixit, learned counsel for the applicants, Mr. Sabih Ahmed, learned counsel for the opposite party no.2, and Mr. Nirmal Kumar Pandey, learned AGA for the State.
2. Present application has been filed with the prayer to quash the order dated 2.01.2025 passed by the learned Judicial Magistrate III Lucknow, arising out of Case Crime No. 221/2020, under Section 506 IPC & 3/4 D. P. Act, Case No. 33178/2021, (State Versus Damyanti & others), relating to Police Station Madiyanw, District Lucknow, pending in the court of Additional Chief Judicial Magistrate 8th Lucknow and orde
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....
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....
Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.
The State cannot allow victims to file complaints on the same facts after withdrawal of prosecution under Section 321 Cr.P.C.
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