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VIRENDRA SINGH V/S STATE OF M. P. 1991 J. L. J. 33 section 321 CRPC permits a public prosecutor, in charge of the case to withdraw from the prosecution of any person I do generally are in respect of any or more on the offenses at any time, before the judgment is pronounced.the Supreme Court has in SUBHASH CHANDRA V/S THE STATE AIR 1980 S. C. 423,emphasized that the power to withdraw under this provision is given to the public prosecutor only, his decision must be independent and not in obedience to directions from the district magistrate or other high authorities.once the prosecutor has decided to seek consent of the court to withdraw the prosecution the court has to apply its mind to the facts and circumstances of the case to decide whether to grant the consent or not .Similarly the Supreme Court has in the case of STATE OF ORISSA V/SCHANDRIKA MEHAROTRA A. I. R 1977S. C. 903 again emphasized that while granting the consent to the withdrawl from prosecution the ultimate guiding considerations must always be the interest of administration of justice and that the Touch stone on which the question must be determined whether the prosecution should allowed to be withdrawn |
Copyright © 2001 rajeev bhatjiwale
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