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Showing contexts for: section 321 crpc in Afjal Ali Sha @ Abjal Shaukat Sha vs The State Of West Benal & Ors on 15 May, 2026Matching Fragments
8. It is further submitted that the factual background of the case, which is germane for adjudication of the present issue, discloses that on 08.01.2019, Panskura Police Station Case No. 495 of 2019 was registered under Sections CRR464 of 2025 CRR 473 of 2026 - -
302/120B of the Indian Penal Code against several accused persons on the complaint of one Jahar Sha. Upon completion of investigation, a charge sheet was submitted in the year 2020 under Sections 302/120B of the Indian Penal Code and Sections 25/27 of the Arms Act against ten accused persons. During the pendency of the trial and while evidence was being recorded, the petitioner issued a notification under Section 321 of the Code of Criminal Procedure seeking withdrawal of the prosecution, which was assailed by the de facto complainant before this Hon'ble Court in WPA 6315 of 2021. During the pendency of the writ proceedings, the Learned Trial Judge allowed the application under Section 321 CrPC and by judgment and order dated 02.03.2021, acquitted the accused persons on the ground of withdrawal of prosecution.
9. It is further submitted that on the self-same day, this Hon'ble Court, during the pendency of WPA 6315 of 2021, set aside the notification issued under Section 321 CrPC. In an intra-court appeal preferred against the said order, the Hon'ble Division Bench, by order dated 13.04.2021, remanded the matter to the Learned Single Judge on a technical ground, namely, that one of the accused had not been afforded an opportunity of hearing, while directing that the status quo prevailing at the time of the order of the Learned Single Judge would continue. Upon remand, during the hearing of the writ petition, the de facto complainant sought to withdraw the proceedings on the ground of alleged pressure, whereupon Afjal Ali Sha @ Abjal Shaukat Sha, being the brother of the deceased and the substituted opposite party no. 9 herein, applied for transposition as a writ petitioner to continue the proceedings. By order dated 28.04.2021, the Learned Single Judge allowed such prayer, which was subsequently upheld by the Hon'ble Division Bench in MAT 550 of 2021.