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Showing contexts for: section 321 crpc in Sayad Ali Ashraf And Ors vs The State Of Maharashtra on 19 April, 2024Matching Fragments
1 smwp 1 of 2022.doc
2. In an order dated 10 August 2021 dealing with the issue of withdrawal of criminal cases pending against the legislators by the State by utilizing the power vested under Section 321 of the Code of Criminal Procedure, 1973 ('the Code') for extraneous and political consideration, the Supreme Court emphasised that the said power under Section 321 of the Code was required to be exercised with utmost good faith to serve the larger public interest. The Supreme Court directed, inter alia, that no prosecution against the sitting or former MPs/MLAs shall be withdrawn without the leave of the High Court. Relevant part of the directions read as under :
6. Before adverting to note the facts in each of the Petitions and consider the question as to whether the leave of this Court for withdrawal from the prosecution can be granted in the peculiar facts of the given Petition, we deem it appropriate to note the general principles which govern the grant of consent for the withdrawal from the prosecution under Section 321 of the Code.
7. While giving consent under Section 321 of the Criminal Procedure Code, 1973 for the withdrawal from the prosecution, the Court has to see whether the application 1 smwp 1 of 2022.doc has been made in good faith, in the interest of public policy and justice and not to thwart or stifle the process of law. The Court after considering these facets of the case, will have to see whether the application suffers from such improprieties or illegalities as to cause manifest injustice if consent is given. (Sheonandan Paswan V/s. State of Bihar1).
8. In the order dated 10 August 2021, the Supreme Court observed that the power under Section 321 is a responsibility which is to be utilized in public interest, and cannot be used for extraneous and political considerations. The Supreme Court referred to the principles culled out in the case of State of Kerala V/s. K. Ajith and Ors.,2 as under :
"25. The principles which emerge from the decisions of this Court on the withdrawal of a prosecution under Section 321 of the CrPC can now be formulated: