ORDER
This suo motu criminal revision under Sections 397 & 401 of the Code of
Criminal Procedure, 1973 (for short, the ... Sections (1) and (6) of Section 164 of the Cr.P.C. The statements recorded
under Section 164 of the Cr.P.C. were thereafter
administration of justice, recommended for withdrawal of the prosecution under Section 321 CrPC. The Assistant Public Prosecutor Gr.I/Additional Chief Judicial Magistrate ... administration of Justice.
Hence the case may be withdrawn as per Sec. 321 Cr.P.C.
11. The Assistant Public Prosecutor Gr.I, Additional Chief
Bothagar @ Karuppiah ... Respondents
PRAYER: Criminal Revision Case filed under Section 397 r/w
401 of the Criminal Procedure Code to call for the records ... Crl.R.C.(MD)No.354 of 2014
the defacto complainant on notice before according
permission to withdraw the case. Moreover, Section 321
memo referred to above, permitting to withdraw the cases, under Section 321 Cr.P.C. and acquitting the respondents/accused. These orders are being challenged ... passed in an application under Section 321 Cr.P.C., for withdrawal. S. 321 Cr.P.C., contemplates :-
that the Public Prosecutor in charge
Crime No. 283 of 1991 was never withdrawn, in accordance with Section 321 , Cr.P.C. and as such, the same is still pending ... Inspector of Police, 1999 (1) LW (Crl.) 118, M. Karpagavinayagam, J, while interpreting powers under Section 321 , Cr.P.C. held as follows:
" Section
Government or the Public
Prosecutors before having recourse to Section 321 Cr.P.C.
43. With these additional reasons, I am in complete respectful agreement ... Principal District and Sessions Judge, Thanjavur. The above
said application under Section 321 Cr.P.C was taken an file
Government or the Public
Prosecutors before having recourse to Section 321 Cr.P.C.
43. With these additional reasons, I am in complete respectful agreement ... Principal District and Sessions Judge, Thanjavur. The above said application
under Section 321 Cr.P.C was taken on file
that, section 2 [3] of the Repealing Act in Prevention of Terrorism [Repeal] Act, 2004, contemplates or provides for compliance with section 321 ... clear legislative intent under section 2 [3] of the Repealing Act , there is no question of bringing of section 321 Cr.P.C. into play
appeal challenges an order of dismissal of an application filed under Section 321 Cr.P.C. by the State represented by the Deputy Superintendent ... Secretary to Government, the said application was filed under Section 321 Cr.P.C. to withdraw the case as against the accused.
6. The learned
Assistant Public Prosecutor filed a petition to withdraw
the case under Section 321 Cr.P.C. Subsequently, the learned Judicial Magistrate
also permitted the prosecution ... above said of the accused who is requested under Section 321 ,
Code of Criminal Procedure.
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