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Showing contexts for: section 321 crpc in Zakaria Ahmed vs Afzal Ahmed Choudhury And Anr on 28 November, 2019Matching Fragments
That apart, as reflected in the impugned order, the learned Court below would have considered the plea of the parties at appropriate stage. But they have approached this Court with the instant application.
Section 321 of the Cr.P.C. provides for withdrawal from prosecution. The relevant part of the Page No.# 3/3 provision is reproduced below:
"321. Withdrawal from prosecution. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,-
In the instant case, there is no whisper that the withdrawal application was filed before the Court below with its consent.
Therefore, there is no wrong committed by the Court below in passing the impugned order as per provisions of Section 321 of the Cr.P.C. Therefore, the order of the learned Court below is not an abuse of the process of the Court and, therefore, no interference is called for in exercise of power under Section 482 of the Cr.P.C. This Court is of the view that interference with the order passed by the learned Court below shall; rather, be an abuse of the process of the Court.