consideration and, therefore, is liable to be set-aside.
6. Section 321 Criminal Procedure Code, 1973 (hereinafter referred to as '' ... Criminal Procedure Code is the only matter of the public prosecutor and he has to guide himself with reference to Criminal Procedure Code only
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
from prosecution who moved an application dated 27.02.2018 (P-3) under
Section 321 Cr.P.C.
A perusal of the application dated ... parameters which would govern the exercise of power under
Section 321 Criminal Procedure Code."
Thus, there is no gain saying that the interpretation
moved by the
learned Additional District Government Counsel
(Criminal) to withdraw the prosecution under Section
321 Cr.P.C. has been rejected by the said ... accused persons. The learned Additional District
Government Counsel (Criminal) moved an application
under Section 321 of Cr.P.C. before the Court. In his
application
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
Tehri Garhwal, whereby the
said court has rejected the application under Section
321 of Cr.P.C.. Applicants have also sought quashing
of the criminal ... 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
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
Prosecutor for withdrawal are not at all sufficient for orders
under Section 321 Cr.P.C. The State has not challenged the order ... well settled that the Court can permit
withdrawal under Section 321 Cr.P.C. only if such withdrawal would
serve some public interest
greater should be the standard
of proof required. Courts dealing with
criminal cases at least should constantly
remember that there is a long mental
distance between ... initiated
but the same was withdrawn u/s 321 Cr.PC. Section 321
Cr.PC reads as under:
321. Withdrawal from prosecution - The Public
Prosecutor
maintainability
of a criminal prosecution/proceeding
instituted under Section 199(2) of the Code
of Criminal Procedure, 1973 (hereinafter
referred to as “ ... validity of
Section 499 and 500 IPC was sustained by this
Court was the understanding that Section
199(2) and 199(4)
