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E. V. VENUGOPAL
Bitra Venkateswara Rao – Appellant
Versus
State Anti Corruption Bureau, Hyderabad Range, Rep. by Special Public Prosecutor – Respondent
ORDER :
1. Challenge in this criminal revision case is to the legality of the order dated 08.08.2008 passed by learned Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad in Crl.M.P.No.696 of 2008 in CC No.41 of 2004 declining to give consent to the Public Prosecutor to withdraw the prosecution against the petitioners herein.
2. The material facts may now be briefly stated. The complainant by name Mr.C.V.Krishna Reddy, Assistant Accounts Officer, office of the Directorate of Animal Husbandry, Hyderabad, while working as Junior Accounts Officer on deputation in the commissionerate of Social Welfare, he was transferred on certain fictitious allegation with a direction to report before the Director of Treasuries and Accounts for posting. The Director of Treasuries and Accounts, Hyderabad, after obtaining permission from the Government transferred him and posted him as Junior Accounts Officer in the Directorateof Animal Husbandry and accordingly he reported to duty as such in the directorate on 20.11.2001 and requested the Director of Treasuries and Accounts to treat the period from 31.05.2001 to 19.11.2001 as compulsory wait as he was kept waiting for posting for no
Prosecutors must exercise independent judgment when seeking consent to withdraw charges, failing which may undermine public justice and judicial processes.
The ultimate guiding consideration for withdrawal from prosecution must be the interest of administration of justice, and the Public Prosecutor must apply independent judgment.
Withdrawal of prosecution requires justification in public interest and cannot be merely on administrative instructions without substantiation.
Withdrawal of prosecution under Section 321 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
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 judicial consent, with the court ensuring it serves public interest, reflecting the prosecutor's independent evaluation of the case's meri....
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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