offences
punishable under sections 143 , 147 , 148 , 283 & 427 read with
Section 149 IPC and Section 38 read with Section 52 of the
Kerala ... respect to the petitions filed under section
CRL.R.P3453/08 & co.cases.
-:18:-
321 of Cr.P.C . and on evaluation
that in
exercise of powers conferred under section 321 of the
Code of Criminal Procedure, 1973 (Act No.2 of 1974) read
with the Government ... after keeping the
provisions contained in proviso to Section 321 of the Code
of Criminal Procedure, 1973 in view, that the Public
Prosecutor
punishable
under sections 120B , 420 , 468 , 471 of the Indian Penal Code, 1860
( IPC ) and under section 13(1)(d) read with section ... from prosecution in accordance with the provisions under
Section 321 of the Code of Criminal Procedure, 1973.
Therefore, I am directed to request
party. The criminal prosecution of a criminal case is conducted by a Public Prosecutor. Section 321 of the Cr.P.C. enables the Public Prosecutor ... 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
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
Public Prosecutor to seek withdrawal of a criminal
proceeding under Section 321 of the Code of Criminal Procedure at any time
before the judgment ... context of Section
494 of the Criminal Procedure Code, 1898, which was similar in scope to the
present Section 321 of the 1973 Code
respectfully agree with the legal position flowing from section 321 of the Code of Criminal Procedure as explained by Krishna Iyer and Chinnappa Reddy ... 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
this criminal revision has been filed.
4. It was argued from the side of the revisionists that while deciding the application under Section 321 ... decision as to whether he should file an application under section 321 Criminal Procedure Code for withdrawal or not. Then alone he could approach
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 ... admissible under Section 10 of the Evidence Act. It is well-settled proposition of law that application under Section 321
CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397(1) R/W SECTION 401 OF THE CODE OF
CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE
ORDER ... Crl.M.P. stands disposed of.'
Armed with the order, the SPP has approached the
designated court with the application under Section 321,
