Criminal Procedure Code, 1973, Section 321 -- Prosecution - Withdrawal by public prosecutor - Can be at any time before pronouncement of judgment with consent of Court - If Court comes to the conclusion that application is moved by public prosecutor in a bona fide manner then it is discretion of Court to permit withdrawal...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution under TADA Act whereas accused to face trial for offence under IPC - It cannot be said that application is filed with malafide intention - Application allowed...........
Criminal Procedure Code, 1973, Section 321, Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Withdrawal from prosecution - Application filed by State Government for withdrawal from prosecution in respect of the offences charged under the various provisions of TADA Act declined by the Designated Court - Held that order passed by the designated..........
Criminal Procedure Code, 1973, Section 321, Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Withdrawal from prosecution - Rejecting of application filed by the State Government by Designated Court on the ground that it had not given any reason for withdrawal from prosecution and that mere use of the expression `janhit' was not sufficient for..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Exercise of power - Held, satisfaction for moving an application u/s.321 Cr.P.C. has to be of Public Prosecutor which has to be based on material provided by State - Grant of consent by Court is not a matter of course and when such an application is filed by Public Prosecutor after taking into..........
Criminal Procedure Code, 1973, Section 321 -- Application of the state under Section 321 Cr.P.C. - Respondents acquitted of charge under Sections 420, 467, 468 and 471 IPC - No notice issued to the complainant - Held that if the complainant was not heard by the learned Magistrate before passing the impugned orders, the said orders are against the principles of natural..........
