Judge (Oral)
Present Criminal Revision Petition filed under
Sections 397, 401 read with Section 482 of the Code of
Criminal Procedure is directed against ... prosecution. The discretion under Section 321,
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Code of Criminal Procedure is to be
[pic]carefully
moved application (Annexure 4 to the writ petition) dated 29.11.2012 under section 321 Cr.P.C. before C.J.M., Basti with a request ... petition, the counter affidavit filed by proforma respondents, application moved under section 321 Cr.P.C. for permission of withdrawal, the case diary
Metropolitan Sessions Judge dismissed the application filed by the State under Section 321 Cr.P.C. and consequently refused to accord permission for withdrawal ... Section 321 does not contemplate. The acquittal or discharge order under Section 321 is not the same as the normal final orders in criminal cases
case filed Crl.M.P
No.508/2013 in the court below under Section 321 of the
Code of Criminal Procedure, requesting the trial court ... Code of Criminal
Procedure did not contain a particular provision as is now
found in the 1973 Code of Criminal Procedure . Only the
Public Prosecutor
Government passed on 7.2.2014 the A.D.G.C.(Criminal) filed an application under section 321 Cr.P.C. before the learned Addl. Sessions Judge ... same the Public Prosecutor on 7.2.2014 had moved an application under 321 Cr.P.C . to withdraw the present criminal case against the accused/Opposite
Criminal M.A. No. 130 of 2014, whereby the application
moved under Section 321 of the Code of Criminal
.
Procedure, 1973 (hereinafter, for the sake ... before the application is made.
When an application under Section 321
Criminal Procedure Code is made, it is not
necessary for the court to assess
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
preferred before it, by the State of Himachal Pradesh under
Section 321 of the Cr.P.C., seeking its permission for withdrawal
from prosecution against ... State of Himachal
Pradesh in its application under Section 321 of the Cr.P.C., for
the according of necessary permission by the Court
Additional Sessions Judge, Bilaspur by which the
application under Section 321 of Cr.P.C. for withdrawal of the
prosecution against petitioner/accused - Rakesh Jaiswal ... result, both the petitions Criminal Revision No.840/2016 and
Criminal Revision No.1053/2016 are dismissed.
17. Criminal Revision No.956/2016 is directed
Additional Sessions Judge, Bilaspur by which the
application under Section 321 of Cr.P.C. for withdrawal of the
prosecution against petitioner/accused - Rakesh Jaiswal ... result, both the petitions Criminal Revision No.840/2016 and
Criminal Revision No.1053/2016 are dismissed.
17. Criminal Revision No.956/2016 is directed
