which is enumerated herein below for ready reference:
Section 321 in The Code Of Criminal Procedure, 1973:
321. Withdrawal from prosecution. The Public Prosecutor ... Uttar Pradesh Act 18 of 1991, sec 3 (w.e.f. 16-2-1991)
21. Section 321 of Cr.P.C. 1973 deals with
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
relating to withdrawal from prosecution as per provisions of Section 321 Code of Criminal Procedure, 1973 have been considered by the Apex Court as well ... criminal justice against possible abuse or misuse by the executive by resort to provisions of Section 321 of the Code of Criminal Procedure
withdrawal can be exercised by State Government under Section 321 of Code of Criminal Procedure in a whimsical or arbitrary manner or it is required ... 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
under Sections 302 and
120B of Indian Penal Code, whereby and whereunder petition
dated 18.01.2011 filed by the learned public prosecutor, under
Section 321 ... petitioners and thereafter a long lapse,
on 18.01.2011, a petition under Section 321 Cr.P.C. was filed
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
guard for the offences punishable under Sections
120-B, 143, 341, 435 read with Section 149 IPC and Section 4
of the Prevention of Damage ... remedy available under the Code of
Criminal Procedure , in case of any application being fuiled under
Section 321 Cr.P.C., and an order thereon
application filed by the Petitioner/State
under Section 321 of the Code of Criminal Procedure, 1973 (hereinafter
referred to as the Cr.P.C .) seeking ... Public Prosecutor, based upon it, has submitted the said application under
Section 321 of Cr.P.C. seeking for withdrawal of the prosecution, which reads
section
323 / 354 / 427 / 451 / 252 / 506 / 120B of the Indian Penal Code whereby an
application under Section 321 of the Code of Criminal Procedure ... were discharged from the case in terms of Section 321 of the Code of
Criminal Procedure.
The brief facts giving rise to the present application
under Sections 147 , 148 , 149 , 420 , 504 , 506 IPC.
3. It appears that the State has filed applications under Section 321 ... Criminal Case No.9001 of 2012 arising out of Case Crime No.256 of 2008 (supra) has allowed the application under Section 321
