Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Application can be filed only by Public prosecutor or Additional Public Prosecutor i, charge of case - Order allowing withdrawal of case on application filed by Public Prosecutor neither i, charge nor conducting case, unsustainable...........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint on same allegations - Mentioning of reasons for withdrawal of an earlier complaint is not a condition precedent for maintaining a second complaint...........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 304 -- Withdrawal from prosecution - Offence u/s 304(Part I)PC - Death of a person due to falling off under construction Bridge - Inquiry report shows that bridge fell down due to failure of member in compression - In the reports petitioners not held liable - Officials who held liable on bridge..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Offence u/ss 147, 336, 332, 353, 504 IPC - Matter appears to be trivial an trifling both - Incident does not involve grave offences or during course of which some serious crimes were committed - Refusal of consent of withdrawal of prosecution by Court below does not appear to be a very prudent..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Public Prosecutor had not applied his mind but had only placed Government notification on record - Public Prosecutor acted like a post office and Magistrate by allowing the application u/s 321 Cr.P.C has passed an order not within parameters of S.321 Cr.P.C - High Court in revision petition..........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust, cheating - Two accused fraudulently withdrawing cash from account of a company - One accused permitted another accused to withdraw cash through debit slips - Amounts to fraudulent withdrawal of cash without authorization - Conviction, held, proper...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 504, 506 -- Withdrawal of complaint - Warrant case - Not permissible - Magistrate can discharge accused u/s 245(1) Cr.P.C. if upon taking evidence referred to in S.244 Cr.P.C. finds that no case against accused is made out...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Unlawful assembly and rioting - FIR against 15-16 named persons and 15-16 unnamed persons was registered, who were agitating against police - About 500-600 people assembled at a place - Mob was uncontrollable, as their Block Pramukh was murdered near police station one day before the incident - Due..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Withdrawal of complaint - Compromise - Complainant received full cheque amount from accused in full and final settlement of all liability in relation to dishonoured cheque in question - Stand taken by trial Court in refusing to give permission to complainant..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 120B -- Withdrawal of prosecution - Court is not to weigh evidence for purpose of conviction or prima facie case etc. and if Public Prosecutor after applying its mind has applied for withdrawal from prosecution, Court is to give its consent...........
