Code of Criminal Procedure, in terms of which order of acquittal is recorded. Section 320 of Code of Criminal Procedure provide for compounding of certain ... offences mentioned in the table thereunder. In terms of Section 321 of Code of Criminal Procedure, the Public Prosecutor or Assistant Public Prosecutor in charge
they have approached this Court
with the instant application.
Section 321 of the Cr.P.C. provides for withdrawal from prosecution. The relevant part ... below in passing the impugned order as
per provisions of Section 321 of the Cr.P.C. Therefore, the order of the learned Court below
punishable under Sections
294 and 506 / 34 of the IPC. After investigation, charge sheet has been
filed. His application under Section 321 of ... djsA
5. On due consideration of the provisions of Section 321 of
3
THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
recorded the
statements of 10 persons under section 161 of the Code of
Criminal Procedure.
2
While accepting the prayer of Mr. Sen, learned
advocate ... that the
Public Prosecutor has filed an application under section
321 Code of Criminal Procedure before the concerned
Court is suggestive of the State
2003
partly allowing the application filed under Section
321 of Code of Criminal Procedure. C.M.P.3776/2007
was filed by Assistant Public Prosecutor ... withdraw
the prosecution under Section 321 of the Code of
Criminal Procedure. There are altogether 25 accused.
The charge against them was that they formed
5207 of 2008, an application
under section 321 of Code of Criminal Procedure, to withdraw the
case. It was allowed by the learned Magistrate ... While granting permission to withdraw the case under
section 321 of Code of Criminal Procedure, Court has to consider
whether Public Prosecutor has applied
continuance of the
prosecution is not warranted, resorted to Section 321 of Code
of Criminal Procedure. It is the submission that as per the
prosecution ... prosecution decided to move an application under
Section 321 of the Code of Criminal Procedure and the court
also considered all these aspects and came
respondent no. 3 regarding
pendency of the case under section 498A and 406
P2025 IPC may kindly be quashed, as the same is
contrary ... order passed by Learned Trail
Court in the application u/s 321 Cr.P.C."
2. Learned Deputy Advocate General has placed on
record
Emperor vs Barendra Kumar Ghose on 26 September, 1923
Equivalent citations: 81IND. CAS.353
JUDGMENT
aside. He has also referred to
Section 321 (4) (b) of the Code of Criminal Procedure.
4. On the other hand, learned Additional Advocate
General ... into consideration the
provision, as contained in Section 321 (4) (b) of the Code of
Criminal Procedure as well as the fact that both
