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
appellant to initiate proceedings under Section 340 Cr.P.C. read with
Section 195(1) Cr.P.C. or to initiate contempt proceedings against ... 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
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
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
Criminal Case No. 5495/96 whereby an application preferred by the Public Prosecutor under Section 321 of the Code of Criminal Procedure (hereinafter referred ... mechanically in the discharge of his statutory function under Section 321 of the CrPC on such a recommendation being made by the Review
Ram Kishan Fauji vs State Of Haryana And Ors on 21 March, 2017
Equivalent citations
Asha Ranjan vs State Of Bihar And Ors on 15 February, 2017
Equivalent citations: AIR
After so stating, the Court referred to Sections 24
and 321 of the Code of Criminal Procedure and further
analyzed the ratio in Mundrika Prasad
Prohibition contained in the section is
referable to Sections 389, 432 and 433 of the
Code. Section 432 of the Code provides that when ... Section 433
CrPC, which empowers the Appropriate Government to
commute the sentence. Thereafter, deliberation centered on
Section 389 of CrPC
revisional jurisdiction of this Court under Section 401 of the Code of Criminal Procedure (in short 'the Code') the petitioner has called ... refused to grant permission for withdrawal of the prosecution under Section 321 of the Code.
2. The facts as have been depicted are that
