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IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD
E.V. VENUGOPAL
P. Kaushik Rao – Appellant
Versus
State of Telangana, rep. by its Public Prosecutor High Court, Hyderabad – Respondent
ORDER :
E.V. VENUGOPAL, J.
1 Aggrieved by the docket orders dated 08.6.2024 passed in Criminal M.P.Nos.623 of 2024 in C.C.No.9286 of 2022 and Criminal M.P.No.622 of 2024 in C.C.No.9288 of 2022 passed by learned I Additional Junior Civil Judge-cum-IX Additional Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally, permitting withdrawal of prosecution against the petitioners, these two revisions have been preferred by the de-facto complainant.
2 The factual matrix was that M/ s. Associated Broadcasting Company (P) Limited (ABCPL) is running various TV channels under the Brand “TV9” and the companies namely M/ s. Chintalapati Holdings Pvt. Ltd and iLabs Venture Capital Fund who had majority companies, offered to sell their entire shareholding of ABCPL and approached the M/ s. Alanda Media (hereinafter referred to as ‘the complainant’). Thereupon, the complainant acquired majority equity shareholding offered by ABCPL as per the share purchase agreement entered on 24.8.2018 and the entire consideration for purchase of equity had been paid on the even date. Subsequently, the majority shares of ABCPL were transferred in favour of the complainant through DMat account on 27.8
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....
Withdrawal of prosecution under Section 321 CrPC is justified when the offence is trivial, the accused show reformation, and public interest is served.
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.
Withdrawal of prosecution requires justification in public interest and cannot be merely on administrative instructions without substantiation.
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