party. The criminal prosecution of a criminal case is conducted by a Public Prosecutor. Section 321 of the Cr.P.C. enables the Public Prosecutor ... 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
Public Prosecutor to seek withdrawal of a criminal
proceeding under Section 321 of the Code of Criminal Procedure at any time
before the judgment ... context of Section
494 of the Criminal Procedure Code, 1898, which was similar in scope to the
present Section 321 of the 1973 Code
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
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
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
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 ... basic principle to be applied while
Crl.M.C.No.5290/2018 15
considering an application under Section 321 Cr.P.C, is that
principles explained by the courts consistently while
commenting upon section 321 of Cr.P.C."
10. The making of the afore application of mind ... broad principles governing
the refusal or grant of the application under Section 321 Cr.P.C.
were reiterated as laid down in Sheonandan Paswan
Sections 147 , 452 , 323 , 504 and 506 IPC and Case Crime No.885-A of 2011, under Sections 147 , 452 , 323 , 504 and 506 IPC ... Crime No.886 of 2011, under Sections 186 , 353 , 504 , 506 and 427 IPC and Section 7 of Criminal Law Amendment Act.
4. After
Government Order dated 25.06.2014, the application dated 12.02.2015 was filed under Section 321 Cr.P.C. to the effect that aforesaid case pending against ... there is no illegality and infirmity in the procedure for withdrawal of the case under Section 321 Cr.P.C.
In the present case
Government Order dated 25.06.2014, the application dated 12.02.2015 was filed under Section 321 Cr.P.C. to the effect that aforesaid case pending against ... there is no illegality and infirmity in the procedure for withdrawal of the case under Section 321 Cr.P.C.
In the present case