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1 - 6 of 6 (0.21 seconds)Section 91 in The Code of Criminal Procedure, 1973 [Entire Act]
Vipul Gupta vs State And Ors on 14 June, 2012
By relying upon observations made by a Coordinate Bench of this
Court in Vipul Gupta (supra), the courts below have disclosed utter non-
application of mind, as in Vipul Gupta (supra), it has been categorically
held as under:-
Sheonandan Paswan vs State Of Bihar & Others on 16 December, 1982
In Sheonandan Paswan (supra), it has been categorically
declared as under:-
The State Of Bihar vs Ram Naresh Pandey(With Connected ... on 31 January, 1956
The submissions advanced by both the sides have been duly
considered in the light of the decisions cited and the impugned orders
have been scrutinized. No doubt the withdrawal from prosecution is an
executive and non-judicial act but there is a wide discretion with the
court, which ought to be exercised judicially on well established
principles. That is to say, the court has to be satisfied that the executive
function of the Public Prosecutor has not been improperly exercised or
that it is not an attempt to interfere with the course of justice for
illegitimate purposes. It is within these parameters, the judicial discretion
is to be exercised. It is so mandated by the Apex Court in State of Bihar
Vs. Ram Naresh Pandey AIR 1957 SC 389.
Subhash Chand @ Subhash K. Aggarwal vs State (Chandigarh Administration) on 7 September, 2010
At the hearing, learned senior counsel for petitioner assailed the
impugned orders on the ground that there is no provision under which
application under Section 321 of the Cr.P.C. can be withdrawn. To
submit so, reliance was placed upon Apex Court's decisions in Patel
Narshi Thakershi & ors. Vs. Pradyuman Singh ji Arjun Singh ji AIR
1970 SC 1273; R.R. Verma & ors. Vs. Union of India & ors. (1980) 3
SCC 402 & Subhash Chander Vs. State (Chandigarh Administration) &
ors. AIR 1980 SC 423, wherein it has been declared that when quasi
judicial power is exercised, then power of review must be conferred by a
Crl.M.C.Nos. 2053; 2054 & 2055 of 2015 Page 4 of 10
statute either specifically or by necessary implication.
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