Criminal Procedure Code is the only matter of the public prosecutor and he has to guide himself with reference to Criminal Procedure Code only ... 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
Bench of this Court analysed Section 494 of the earlier
Code of Criminal Procedure 1898 (similar to Section 321 of the CrPC). Justice ... Section 321 does not contemplate.
The acquittal or discharge order under Section 321 are not the
same as the normal final orders in criminal cases
District
and Sessions Judge, Tamluk, Purba Midnapore under the
provisions of Section 321 of Cr.P.C. subject to consent of the
Ld. Court ... allowed under Section
321 CrPC and he is allowed to withdraw from prosecution
under Secton 321 CrPC . Since the charge
Court on the
withdrawal of a prosecution Under Section 321 of the Code of
Criminal Procedure can now be formulated:
(i) Section 321 entrusts ... withdrawal
of numerous criminal cases pending against M.P./M.L.A. by utilising the
power vested under Section 321 , Cr.P.C. It merits
Public
Prosecutor with a request to file a petition under Section 321 Cr.P.C.,
for withdrawal of prosecution against the petitioner before the Court ... Public Prosecutor to file
a petition before the Court under Section 321 Cr.PC. for withdrawal of
prosecution against the petitioner. The Deputy Commissioner
have opined that the
defamation cases may be withdrawn as per Section 321 of Cr.P.C.
7.Considering the rival submission and on perusal ... misuse of prosecutor's
power in withdrawing cases under Section 321 Cr.P.C. Further the
power under Section 321
filed a complaint invoking Section 199(2) of Cr.P.C. for offence under
Sections 499 and 500 IPC. The petitioner has not denied ... misuse of prosecutor's power in withdrawing
cases under Section 321 Cr.P.C. Further the power under Section 321
Prosecutor
filed a complaint invoking Section 199(2) of Cr.P.C. for offence under
Sections 499 and 500 IPC. The petitioner has not denied ... misuse of prosecutor's power to withdraw cases
under Section 321 Cr.P.C. Further the power under Section 321
Public Prosecutor
filed a complaint invoking Section 199(2) of Cr.P.C. for offence under
Sections 500 IPC. The petitioner has not denied addressing ... misuse of prosecutor's power in withdrawing
cases under Section 321 Cr.P.C. Further the power under Section 321
Prosecutor
filed a complaint invoking Section 199(2) of Cr.P.C. for offence under
Sections 499 and 500 IPC. The petitioner has not denied ... misuse of prosecutor's power in withdrawing
cases under Section 321 Cr.P.C. Further the power under Section 321
