moved by the ADGC (Criminal) under Section 321 Cr.P.C. seeking permission to withdraw the prosecution of the Revisionists.
Cr. Misc. Application No. 5417 ... protect the administration of criminal justice against possible abuse or misuse by the executive by resort to provisions of Section 321 Cr.P.C. Therefore
criminal justice is dependent on the agencies of government charged with enforcing law, adjudicating crime and correcting criminal conduct. Criminal justice mandates fair and proper ... herein below for ready reference:
Section 321 in The Code Of Criminal Procedure, 1973:
321. Withdrawal from prosecution. The Public Prosecutor or Assistant Public Prosecutor
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
relating to withdrawal from prosecution as per provisions of Section 321 Code of Criminal Procedure, 1973 have been considered by the Apex Court as well ... criminal justice against possible abuse or misuse by the executive by resort to provisions of Section 321 of the Code of Criminal Procedure
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
State supported the contention of Mr. Nariman.
12. Section 321 of the Criminal Procedure Code, 1973 provides for
withdrawal from prosecution at the instance ... into consideration
the jurisdiction of the Court under Section 321 of the Criminal
Procedure Code vis-`-vis other provisions laid down therein opining
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
Code Of Criminal Procedure
was newly enacted as Cr.P.C ., 1973 and Section 494 of the Old
Code was substituted by Section 321 ... from prosecution in
the Old Code as well as New Code, which are as follows:-
Code of Criminal Procedure , 1898 Section 494
"494. Effect
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
