Section 321 in The Code of Criminal Procedure, 1973
321. Withdrawal from prosecution.
- The Public Prosecutor or Assistant Public Prosecutor in charge of a case
withdrawal can be exercised by State Government under Section 321 of Code of Criminal Procedure in a whimsical or arbitrary manner or it is required ... 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
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
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 ... Section 91 Cr.P.C. The kind of liberty granted to the accused persons is
absolutely not in consonance with the Code of Criminal Procedure
aggrieved by the direction to read section 2(3)
subject to section 321 of Code of Criminal Procedure, 1973. To
appreciate the rival contentions ... instruct the Public
1
0
Prosecutor to invoke section 321 of Code of Criminal
Procedure. The role of Review Committee is limited only that
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 ... result in narrowing the breadth of the language Section 494 Cr.P.C. (now Section 321 Cr.P.C).
19. However, in the same decision
with reference to
Section 494 of the Criminal Procedure Code, 1898, which is similar to
Section 321 of the Criminal Procedure Code, 1973, observed that ... 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
which is enumerated herein below for ready reference:
Section 321 in The Code Of Criminal Procedure, 1973:
321. Withdrawal from prosecution. The Public Prosecutor ... Uttar Pradesh Act 18 of 1991, sec 3 (w.e.f. 16-2-1991)
21. Section 321 of Cr.P.C. 1973 deals with
withdraw the prosecution in exercise of its statutory powers under Section 321 Cr.P.C. pending against the 7th respondent, Kamlesh Kumar Yadav, the then ... Criminal Procedure Code , the Code of Criminal Procedure 1988 was in existence where Section 494 thereof permitted withdrawal from prosecution. Section 321 corresponds
Criminal Procedure Code is the only matter of the public prosecutor and he has to guide himself with reference to Criminal Procedure Code only ... 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