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SHAMEEM AKTHER
Anees Mohiuddin @ Ameer @ Abu Ayub Ansari – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. Since the issue involved and the petitioner in both these Criminal Revision Cases are one and the same, both these Criminal Revision Cases are taken up together and are being disposed of by this common order.
2. Criminal Revision Case Nos. 1296 and 1297 of 2009 are filed by the same petitioner-Anees Mohiuddin, under Sections 397 and 401 of Cr.P.C. challenging the order of the even date, dated 27.06.2009, passed in Crl. M.P. No. 1218 of 2006 in C.C. No. 1 of 2004 and Crl. M.P. No. 1228 of 2006 in S.C. No. 225 of 2005 respectively, by the Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case, Hyderabad, whereby, the Court below declined to grant consent to the Public Prosecutor for withdrawal from prosecution against the petitioner/accused in both these Criminal Revision Cases, observing that they are fit cases to proceed with trial, after framing of charges, if any.
3. Heard the submissions of Sri C. Sharan Reddy, learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the sole respondent/State in both these Criminal Revision Cases and perused the record.
4. Learned counsel for the petitioner in both these
Prosecutors must exercise independent judgment when seeking consent to withdraw charges, failing which may undermine public justice and judicial processes.
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....
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 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 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
The withdrawal of prosecution under Section 321 of the Cr.P.C. must be in the interest of public policy and justice, and the court must ensure that the executive function of the public prosecutor has....
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