whereby
he allowed the application filed by the Public Prosecutor
under Section 321 Cr.P.C. for permission to withdraw case
Whether reporters ... under Sections 13(2) of Prevention of Corruption Act and
under sections 418 ,420, 465, 468, 471, 472 read with
rt
Section
interest.
87. I referred to these sections only by
way of illustration to emphasize the
distinction between Section 321 and other
sections of the Code ... proceedings. My purpose in
referring to the above sections is only to
show that Section 321, in view of the wide
language it uses, enables
application
preferred before it, by the State of Himachal Pradesh under
Section 321 of the Cr.P.C., seeking its permission for withdrawal
from prosecution ... made by the State of Himachal
Pradesh in its application under Section 321 of the Cr.P.C., for
the according of necessary permission
personal
property.
5. Withdrawal of prosecutions is permitted and regulated under Section
321 Cr.P.C. It states as under:
"321. Withdrawal from prosecution ... cases pending against MP/MLA
by utilising the power vested under Section 321 CrPC. It merits mentioning
that the power under Section 321 CrPC
besides paramountly,
in the public interest, hence make an application,
.
under Section 321 of the Cr. P.C., before the
learned Court concerned. Further onwards ... trite test(s), for, validating,
any prosecutrial application, cast under Section
321 of Cr. P.C., before the learned Court
concerned, (a) tests whereof enjoins
Additional Chief Judicial Magistrate Hamirpur, whereby the application under Section 321 , Cr.P.C. of Assistant Public Prosecutor was allowed and consent of the Court ... Apex Court.
12. The land mark judgment interpreting Section 494 the predecessor of Section 321 was given in the case of The State of Bihar
besides paramountly,
in the public interest, hence make an application,
.
under Section 321 of the Cr. P.C., before the
learned Court concerned. Further onwards ... trite test(s), for, validating,
any prosecutrial application, cast under Section
321 of Cr. P.C., before the learned Court
concerned, (a) tests whereof enjoins
HCHP
2
H.P. on an application under Section 321 of the Cr.P.C in case
No. 1/3 of 2015, titled as State ... During the course of the proceedings, an
application under Section 321 of the Cr.P.C has been filed by
the State of Himachal Pradesh
hearing before this Court, petitioner-accused moved an
of
application under Section 321 read with Section 482 Cr.P.C
placing therewith a compromise entered ... compounded in terms of Section 320 IPC. Since, in the instant
.
case application has been moved under Section 321 read
with Section
quashed and set aside. He has also referred to
Section 321 (4) (b) of the Code of Criminal Procedure.
4. On the other hand, learned ... Court has also taken into consideration the
provision, as contained in Section 321 (4) (b) of the Code of
Criminal Procedure as well
