State of Chhattisgarh v. Ramesh Jankidas Agrawal and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(Online)(Chh) 352

IN THE HIGH COURT OF CHHATTISGARH
A K Choudhary, J
State of Chhattisgarh v. Ramesh Jankidas Agrawal and Others

For the Appellants/Petitioners:Advocates for State
For the Respondents:Advocates for Accused

Table of Content
1. statutory grounds for prosecution withdrawal. (Para 1 , 2 , 3 , 4)
2. arguments for and against withdrawal of prosecution. (Para 5 , 6 , 8)
3. critical examination of the legal precedents provided. (Para 7)
4. judicial discretion and public interest in prosecution. (Para 9 , 10 , 11 , 12)
5. final ruling on the merits of the petitions. (Para 13 , 14)

1. The present petition under S.482 of CrPC has been preferred by the State assailing the order dated 29.9.2012 passed by the Additional Sessions Judge, Sarangarh, District Raigarh in Criminal Revision No.39 of 2012.

2. Vide impugned order dated 29.9.2012, the learned Revisional Court had rejected the revision petition preferred by the State Government against the order dated 25.7.2012 passed by the Judicial Magistrate First Class, Sarangarh in Criminal Case No. 137 of 2003, whereby the learned Magistrate has refused to give consent under S.321 of CrPC to the prosecution for withdrawal of the prosecution cases against the accused persons.

3. Brief facts relevant for the adjudication of the present case is that an FIR was lodged at the instance of the complaint made by the CEO of Janpad Panchayat, Baramkela in respect of emb

Click Here to Read the rest of this document

2017 Supreme(Online)(Chh) 352

IN THE HIGH COURT OF CHHATTISGARHA K Choudhary, JState of Chhattisgarh v. Ramesh Jankidas Agrawal and Others

Cases Referred (5)

IN THE HIGH COURT OF CHHATTISGARH
A K Choudhary, J
State of Chhattisgarh v. Ramesh Jankidas Agrawal and Others