Criminal Procedure Code, 1898, which is similar to
Section 321 of the Criminal Procedure Code, 1973, observed that in
understanding and applying the Section ... allow the withdrawal of
prosecution. The discretion under Section 321 Code of
Criminal Procedure is to be carefully exercised by the Court
having due regard
that in
exercise of powers conferred under section 321 of the
Code of Criminal Procedure, 1973 (Act No.2 of 1974) read
with the Government ... after keeping the
provisions contained in proviso to Section 321 of the Code
of Criminal Procedure, 1973 in view, that the Public
Prosecutor
Criminal Procedure Code, 1898, which is similar to
Section 321 of the Criminal Procedure Code, 1973, observed that in
understanding and applying the Section ... allow the withdrawal of
prosecution. The discretion under Section 321 Code of
Criminal Procedure is to be carefully exercised by the Court
having due regard
learned M.M. has permitted the withdrawal of
the application under Section 321 Cr.P.C. vide order dated
07.01.2012. It is not disputed ... offence of criminal
misappropriation etc. Strangely, in the second application seeking
withdrawal of the first application under Section 321 of the
view that it is
a fit case wherein an application under Section 321 Cr.P.C.
should be filed, seeking permission of the Designated Court ... before granting
consent.
..............
Crl.M.C.1764/2011 Page 21 of 31
42. The satisfaction for moving an application under
Section 321
Public Prosecutor while filing the application under Section 321 Criminal Procedure Code .
(2) The facts giving rise to the present petition in brief are that ... respondent for which the petitioner filed an application u/s 321 Criminal Procedure Code . before the learned Metropolitan Magistrate for withdrawing the prosecution. The Metropolitan
that in exercise
of powers conferred under section 321 of the Code of
Criminal Procedure, 1973 (Act No. 2 of 1974) read with
the Government ... after keeping the
provisions contained in proviso to Section 321 of the
Code of Criminal Procedure, 1973 in view, that the
Public Prosecutor
whereby the applications of the learned Assistant Public Prosecutor moved under Section 321 Cr.P.C for withdrawal of the cases were declined, has been ... respective political parties. Consequently, the learned APP moved an application under Section 321 Cr.P.C for withdrawal of the cases.
4. Learned MM dismissed
further
challenged before this Court vide Crl. M.C. 2055/2015, Crl. M.C. 2054/2015
and Crl. M.C. 2053/2015. The aforesaid orders ... with Crl. Appeal Nos. 99/2016,
100/2016, 101/2016 and 102-04/2016 - wherein the issue of withdrawal
from prosecution under Section 321
instruct the Public Prosecutor to invoke Section 321 of Code of
Criminal Procedure and that the role of the Review Committee is limited only
that ... Review Committee could only be subject to
Section 321 of Criminal Procedure Code. Based on the observations of the
Division Bench of the Madras High
