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
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
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
Section 91 of the Cr.P.C. to
summon the relevant documents to show that the application for
withdrawal of application under Section 321 ... offence of criminal
misappropriation etc. Strangely, in the second application seeking
withdrawal of the first application under Section 321 of the
view that it is
a fit case wherein an application under Section 321 Cr.P.C.
should be filed, seeking permission of the Designated Court ... before granting
consent.
..............
Crl.M.C.1764/2011 Page 21 of 31
42. The satisfaction for moving an application under
Section 321
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
whereby the applications of the learned Assistant Public Prosecutor moved under Section 321 Cr.P.C for withdrawal of the cases were declined, has been ... years and prima facie section invoked are punishable for almost three years. By resorting to the provision of section 321 of Cr.P.C, this
learned APP that they would not press the earlier
application under section 321 Cr.P.C., withdrawing from prosecution. The
CRL.M.C. 2345/2015 ... with Crl. Appeal Nos. 99/2016,
100/2016, 101/2016 and 102-04/2016 - wherein the issue of withdrawal
from prosecution under Section 321
mind by the Public Prosecutor while filing the application under Section 321 Criminal Procedure Code .
(2) The facts giving rise to the present petition ... that very judgment and reads as under :
"SECTION 321 Criminal Procedure Code . is virtually a step by way of composition of the offence
Section 307 is distinct and different
from the part he is called on to play under the provisions of Section 321
CrPC. Under ... section and
Section 307 of the Act is that unlike the grant of pardon under Section 307 ,
withdrawal from prosecution under Section 321 CrPC
