been granted pardon under Section 337 of the Criminal Procedure Code, nor has the prosecution been withdrawn against her under Section 494 , Criminal Procedure Code ... with other accused, or start a separate criminal case against him under Section 351 , Criminal Procedure Code. In the instant ease, there has been
Sections 147, 148, 149, 302 read with Section 301 , I.P.C. 307 and 395 I.P.C . against the accused referred to above. After ... facts in this criminal revision. The facts for the purpose of this case may therefore be taken from the connected criminal reference
orders of the Sessions judge, Adilabad under Section 494 Criminal Procedure Code on his refusal to accord permission to the proposed withdrawal by the Public ... petitions were filed by the Public Prosecutor, Adilabad under Section 494 Criminal Procedure Code for the withdrawal. This was vehemently opposed to by the administration
reference to Section 494 IPC in Section 495 IPC makes it
clear that Section 495 IPC is extension of Section 494 IPC
and part ... Code of Criminal Procedure , 1973 including for the
Reportable
purpose of Section 198 of the Criminal Procedure Code.
Section 198(1)(c), after the Amendment
Criminal Procedure justifies, such a procedure..
The legal question that arises from the above is whether
where an application for withdrawal under s. 494 ... Code of Criminal Procedure which refers to jury trials in
High Court. The procedure under s. 494 does not correspond
to it. The phrase
September, 1947, before the Sub-Magistrate under Section 494 of the Criminal Procedure Code requesting that he may be permitted to withdraw the prosecution against ... Assistant Public Prosecutor, Grade II, Bezwada is permitted under Section 494 , Criminal Procedure Code to withdraw the prosecution in the case as per the orders
Criminal Procedure (Andhra
Pradesh Second Amendment) Act, 1992, shall prevail in the State of
Andhra Pradesh, notwithstanding the fact that in the Criminal
Procedure Code ... purposes of the
Code of Criminal Procedure , 1973 including for the purpose of Section
198 of the Criminal Procedure Code. Section 198(1)(c), after
which refers to jury trials in the High Court. The procedure under Section 494, Cri.P.C. does not correspond to it. The phrase ... such discrimination having been intended and prescribed by the Code Section 494 , Cr.P.C., cannot be construed as involving any such limitation. The wording
This
power of entering a nolle prosequi under Section
333 Criminal Procedure Code is not dependent
upon any permission of the Court. A reading ... consent to the
withdrawal of prosecution under Section 494 of
the Criminal Procedure Code. We have pointed
out that the paramount consideration in all
those
permission to withdraw the proceedings under Section 495(2) of the Criminal Procedure Code. The facts giving rise to it could be briefly summarised ... this case, made an application under Section 495 of the Criminal Procedure Code for withdrawing from the prosecution as provided by Section 494. The grounds
