MOTU REVISION under Sections 397 & 401 of the Criminal
Procedure Code initiated to call for the records on the file of the Chief Judicial ... ORDER
This suo motu criminal revision under Sections 397 & 401 of the Code of
Criminal Procedure, 1973 (for short, the
administration of justice, recommended for withdrawal of the prosecution under Section 321 CrPC. The Assistant Public Prosecutor Gr.I/Additional Chief Judicial Magistrate ... administration of Justice.
Hence the case may be withdrawn as per Sec. 321 Cr.P.C.
11. The Assistant Public Prosecutor Gr.I, Additional Chief
Bothagar @ Karuppiah ... Respondents
PRAYER: Criminal Revision Case filed under Section 397 r/w
401 of the Criminal Procedure Code to call for the records ... Crl.R.C.(MD)No.354 of 2014
the defacto complainant on notice before according
permission to withdraw the case. Moreover, Section 321
memo referred to above, permitting to withdraw the cases, under Section 321 Cr.P.C. and acquitting the respondents/accused. These orders are being challenged ... When a case is pending in a criminal Court, its procedure and progress are governed by the Criminal Justice cannot be thwarted by the Executive
prosecution filed petition under Section 321 Cr.P.C. in Cri. M.P. 2827/98 and 2828/98 for withdrawal of both cases. The trial ... State is the master of the litigation in criminal cases and the Section 321 , Cr.P.C. is virtually a step by way of composition
Crime No. 283 of 1991 was never withdrawn, in accordance with Section 321 , Cr.P.C. and as such, the same is still pending ... Inspector of Police, 1999 (1) LW (Crl.) 118, M. Karpagavinayagam, J, while interpreting powers under Section 321 , Cr.P.C. held as follows:
" Section
Government or the Public
Prosecutors before having recourse to Section 321 Cr.P.C.
43. With these additional reasons, I am in complete respectful agreement ... Principal District and Sessions Judge, Thanjavur. The above
said application under Section 321 Cr.P.C was taken an file
Government or the Public
Prosecutors before having recourse to Section 321 Cr.P.C.
43. With these additional reasons, I am in complete respectful agreement ... Principal District and Sessions Judge, Thanjavur. The above said application
under Section 321 Cr.P.C was taken on file
contrary to law and against the provisions of section 321 Cr.P.C. It is his further case that the Special Court had erred ... Cr.P.C. into play.
13. Moreover, POTA Repeal Act, 2004 is a special Act and therefore, that would prevail the Code of Criminal Procedure
administration of criminal justice against possible abuse or misuse by the Executive by resort to the provisions of S. 321 , Cr.P.C. The independence ... Criminal Procedure Code was the only Master of the Public Prosecutor and he has to guide himself with reference to that Code alone. So guided
