police report under Section 173 (2) of the Code of Criminal Procedure (in short Cr.P.C .), moved an application to the Chief Minister directly ... 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
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
Criminal Procedure Code is the only
master of the Public Prosecutor and he has to guide
himself with reference to Criminal Procedure Code
only ... order
passed by the jurisdictional criminal Court rejecting application
under Section 321 of the CrPC are hereby quashed. The said
applications are restored
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
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
COPY OF THE PETITIONER FILED BY THE ASSISTANT PUBLIC
PROSECUTOR UNDER SECTION 321 CR.PC. TO WITHDRAW THE
PROSECUTION AS AGAINST THE RESPONDENTS ... Section 149 I.P.C, was
withdrawn without any legal justification.
4. The Prosecutor has filed Annexure II petition under Section
321
application was filed before
learned Chief Judicial Magistrate, Haridwar under
Section 321 Cr.P.C. by Public Prosecutor seeking
permission to withdraw the prosecution against ... maintain.
Their Lordships have held as under :-
4. Section 321 of the Code of Criminal
Procedure, 1973 which corresponds to Section 494
of the earlier
incharge of that cases, to file a petition under Section
321 Cr.P.C. before the competent Court to withdraw the criminal prosecution
launched against ... respectively under Section 321 Cr.P.C. before the Principal District Munsif-
cum-Judicial Magistrate Court, Eraniel. On 19.12.2008, the learned Principal
District Munsif
CrPC. Under the U.P. Amendment Act,
under Section 321 of CrPC, the prosecution must have a
written permission ... Government which has to
be filed in the Court below. Section 321 of CrPC reads as
under:-
"321. Withdrawal from prosecution
