moved by the ADGC (Criminal) under Section 321 Cr.P.C. seeking permission to withdraw the prosecution of the Revisionists.
Cr. Misc. Application No. 5417 ... result in narrowing the breadth of the language Section 494 Cr.P.C. (now Section 321 Cr.P.C).
19. However, in the same decision
Code Of Criminal Procedure
was newly enacted as Cr.P.C ., 1973 and Section 494 of the Old
Code was substituted by Section 321 ... prosecution in
the Old Code as well as New Code, which are as follows:-
Code of Criminal Procedure , 1898 Section 494
"494. Effect
Judge may be set aside and
Crl.MP No.33/2016 filed by the Prosecutor under Section
321 Cr.PC to withdraw from the prosecution ... Public Prosecutor has liberty to withdraw from the
Crl.RP 1119/2019
7
prosecution under Section 321 Cr.PC. It is incumbent
that the Public
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
subject
as while disposing off the application under section 321 CrPC, the Ld. MM was not
required to go into the merits ... dated 05.06.2013 seeking withdrawal of the prosecution qua the accused persons u/s
321 Cr.P.C was moved by the APP for the State
passed separately in all these criminal cases by the Additional Chief Judicial Magistrate Hamirpur, whereby the application under Section 321 , Cr.P.C. of Assistant ... justification for the Assistant Public Prosecutor to move applications under Section 321 , Cr.P.C. to seek consent of the Court to withdraw from
seeking consent for withdrawal from prosecution?
Crl.R.P.2150/13 :8:
8. Though Sec.321 of the Cr.P.C. does not prescribe ... Supreme Court held that, "The
discretion under Section 321 of the Criminal Procedure
Code is to be carefully exercised by the Court having
filed by the
Assistant Public Prosecutor in charge of a criminal case under
Section 321 Cr.P.C., accused have preferred this petition under
Section ... correctness of the application filed
by the Public Prosecutor under Section 321 Cr.P.C. to withdraw
the complaint. The Supreme Court in Rajender Kumar
Criminal Case
No.2350/2009 whereby the trial Court has allowed the
application moved under Section 321 of Cr.P.C. by
Assistant District Prosecution ... criminal case. The Public Prosecutor has
without satisfying himself about the nature of offence
wrongly moved the application for withdrawal under
Section 321 of
Judicial Magistrate Ist Class,
Amritsar whereby dismissal of the application under Section 321 Cr.P.C. for
withdrawal of the prosecution as well ... Amritsar to
take action accordingly. Thereafter an application was made under Section
321 Cr.P.C. for withdrawing of the case by Public Prosecutor vide
