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
time
the Public Prosecutor filed an application under Section
321 of the Code of Criminal Procedure for the withdrawal
of the prosecution. The learned Additional ... Public
Prosecutor under section 321 of the Code of Criminal
Procedure. Section 321 of the Code of Criminal
Procedure reads as under:
"321. Withdrawal
power under Section 321 of the Code opined that:-
“42. The satisfaction for moving an application under Section 321 CrPC ... allow the
withdrawal of prosecution. The discretion under Section 321 , Code of
Criminal Procedure is to be [pic]carefully exercised by the court having
oversee whether the Public
Prosecutor has properly exercised his power
under Section 321 CrPC. Having regard to the
entire facts and circumstances ... Prosecutor ha,,, properly exercised the
executive power vested in him under Section
321 CrPC or that he has applied his mind
objectively uninfluenced
Bench of this Court analysed Section 494 of the earlier
Code of Criminal Procedure 1898 (similar to Section 321 of the CrPC). Justice ... Section 321 does not contemplate.
The acquittal or discharge order under Section 321 are not the
same as the normal final orders in criminal cases
remained alive to the exercise of jurisdiction under
Section 321 of the Code of Criminal Procedure (for short, „the CrPC ‟).
The Court referred ... allow the withdrawal of
prosecution. The discretion under Section 321 of the
Code of Criminal Procedure is to be carefully exercised
by the court having
Code of Criminal Procedure, 1973.
[699H-700A]
Per Venkataramiah, J.
I.I. Consent can he given under s.321 of the Code of
Criminal Procedure ... Criminal Procedure Code. Oza, J. has set
aside the permission granted by the Court to withdraw the
prosecution under Section 32 1 , Criminal Procedure Code
State supported the contention of Mr. Nariman.
12. Section 321 of the Criminal Procedure Code, 1973 provides for
withdrawal from prosecution at the instance ... took into consideration
the jurisdiction of the Court under Section 321 of the Criminal
Procedure Code vis-`-vis other provisions laid down therein opining
criminal
cases registered against him and yet, the State directed
withdrawal from prosecution without any cogent reason.
The power under Section 321 , CrPC ... court. The procedure followed in the case in hand was completely
alien to the scheme of Section 321 , CrPC as the decision
