Govt Can’t Withdraw Criminal Cases In Whimsical, Arbitrary Manner: Allahabad HC (FB) [Read Judgment]
8 years, 1 month ago

Govt Can’t Withdraw Criminal Cases In Whimsical, Arbitrary Manner: Allahabad HC (FB) [Read Judgment]

Live Law  

A full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.Section 321 of CrPC 1973, deals with the power of public prosecutor/assistant public prosecutor to withdraw case of which he is in-charge after obtaining written permission from the. A full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter. Shukla, Justice Manoj Misra and Justice Bharat Bhushan considered the following questions: Whether the power of withdrawal can be exercised by the state government under Section 321 of Code of Criminal Procedure in a whimsical or arbitrary manner or it is required to be exercised for the considerations, just, valid and judicially tenable? Whether the state government should not be required to make scrutiny of various criminal cases pending in subordinate courts to find out if they deserve withdrawal in exercise of powers under Section 321 CrPC irrespective of fact that accused or anyone else has approached the government for this purpose or not?

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History of this topic

Won't Withdraw Till April 8: State To Karnataka HC In PIL Against GO Asking Prosecutors To Withdraw Cases Against 'Highly Influential Persons'
5 days, 16 hours ago

Won't Withdraw Till April 8: State To Karnataka HC In PIL Against GO Asking Prosecutors To Withdraw Cases Against 'Highly Influential Persons'

Live Law  

The Karnataka Government on Monday told the High Court that it will not withdraw till April 8, prosecution of any of the criminal cases which are stated to be pending against highly influential persons, under Section 321 of Criminal Procedure Code. The statement was made while hearing a PIL filed by Girish Bharadwaj questioning a government order directing public prosecutors …

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs
1 month ago

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs

The Hindu  

The High Court of Karnataka on Thursday asked the State government to respond to a PIL petition, which has questioned the legality of the Government Order issued in October 2024 for withdrawing 43 criminal cases, in which former Ministers, former MLAs, and persons belonging to influential organisations were arraigned as accused persons. Serious charges The serious charges under the provisions …

Karnataka HC Issues Notice On PIL Against Govt Order Directing Public Prosecutors To Withdraw Cases Against 'Highly Influential Persons'
1 month ago

Karnataka HC Issues Notice On PIL Against Govt Order Directing Public Prosecutors To Withdraw Cases Against 'Highly Influential Persons'

Live Law  

The Karnataka High Court on Thursday issued notice on a PIL against a government order directing public prosecutors to withdraw 43 cases against persons accused of various offences including rioting, attempt to murder in breach of Section 321 CrPC, which is stated to include highly influential persons including politicians. As per Section 321 states that the Public Prosecutor or Assistant …

An Unavoidable Conundrum in Section 360 Of BNSS [Withdrawal From Prosecution]
2 months ago

An Unavoidable Conundrum in Section 360 Of BNSS [Withdrawal From Prosecution]

Live Law  

Withdrawal from prosecution -The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,— if …

Allahabad High Court Weekly Round-Up: January 20 To January 26, 2025
2 months ago

Allahabad High Court Weekly Round-Up: January 20 To January 26, 2025

Live Law  

NOMINAL INDEX Neeraj Kumar v. Smt. and Another 2025 LiveLaw 34 Jagriti And 2 Others vs. State Of Up And 6 Others 2025 LiveLaw 35 Shubhra Rai vs. State Of Up And 3 Others 2025 LiveLaw 36 Raj Pal Singh Dishwar vs. State Of Up And 3 Others 2025 LiveLaw 37 ORDERS/JUDGMENTS OF THE WEEK Refusal Of Husband To Lead …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
1 year ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

Live Law  

The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

Powers U/S 482 CrPC Not Revisional/Appellate, Terms Like "Abuse Of Process" Or "Securing Ends Of Justice" Don't Grant Unfettered Discretion: J&K High Court
1 year, 1 month ago

Powers U/S 482 CrPC Not Revisional/Appellate, Terms Like "Abuse Of Process" Or "Securing Ends Of Justice" Don't Grant Unfettered Discretion: J&K High Court

Live Law  

Reiterating the restricted nature of its inherent power under Section 482 of the Criminal Procedure Code for quashing criminal complaints the Jammu and Kashmir and Ladakh High Court has observed that this exceptional power cannot be used for detailed evidence evaluation or as a substitute for appeals or revisions. A bench of Justice Javed Iqbal Wani further clarified that terms …

Allahabad HC Allows Public Prosecutor's Application For 'Withdrawal From Prosecution' Against Lone BSP MLA In UP In A Cheating Case
2 years, 1 month ago

Allahabad HC Allows Public Prosecutor's Application For 'Withdrawal From Prosecution' Against Lone BSP MLA In UP In A Cheating Case

Live Law  

The Allahabad High Court on Tuesday allowed an application of the Public Prosecutor's application for 'Withdrawal From Prosecution' as provided under Section 321 CrPC against the lone Bahujan Samaj Party MLA in Uttar Pradesh, Umashankar Singh in connection with a cheating case.The Bench of Justice Dinesh Kumar Singh noted that the concerned Public Prosecutor had not only considered the facts. …

HC raps AP govt for quashing cases against people’s representatives
2 years, 9 months ago

HC raps AP govt for quashing cases against people’s representatives

Deccan Chronicle  

Vijayawada: The Andhra Pradesh High Court has pulled up the state government for the withdrawal of cases booked against people’s representatives without taking court permission and also for violation of a Supreme Court order. Petitioner’s counsel Jada Sravan asked as to how the cases booked against public representatives could be withdrawn based on directions from the DGP and district collector. …

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC
3 years ago

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under Section 378 of the Code Of Criminal Procedure could be granted by the High Court only where the view taken by acquitting judge is clearly unreasonable.The Bench of Justice Mohd. The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under …

'Must Subserve Administration Of Justice': Supreme Court Formulates Principles On Withdrawal Of Prosecution Under Section 321 CrPC
3 years, 8 months ago

'Must Subserve Administration Of Justice': Supreme Court Formulates Principles On Withdrawal Of Prosecution Under Section 321 CrPC

Live Law  

The Supreme Court, in its judgment dismissing the plea seeking withdrawal of prosecution in assembly ruckus case, also formulated the principles on the withdrawal of a prosecution under Section 321 of the Code of Criminal Procedure.The bench comprising Justices DY Chandrachud and MR Shah observed that while deciding a plea to withdraw prosecution, the court must be satisfied that the …

"Have Taken Effective Steps For Early Disposal Of Criminal Cases Against MP/MLAs": UP Govt. Submits Before Allahabad High Court
3 years, 8 months ago

"Have Taken Effective Steps For Early Disposal Of Criminal Cases Against MP/MLAs": UP Govt. Submits Before Allahabad High Court

Live Law  

The Uttar Pradesh Government has submitted before the Allahabad High Court that it has taken effective steps have been taken for early disposal of criminal cases against Members of Parliament and Members of the Legislative Assembly. The Bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh was hearing the instant writ petition filed seeking the following reliefs: Direct …

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs
4 years, 3 months ago

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs

Live Law  

The Karnataka High Court on Thursday issued notice on a petition which challenged the Government decision to drop criminal prosecution in 61 cases against elected representatives and ministers.A division bench comprising Chief Justice Abhay S Oka and Justice Vishwajith Shetty observed : "No Court is bound by such a decision taken to withdraw from the prosecution. The Karnataka High Court …

Only The Prosecutor Is Entitled To Seek Withdrawal From Prosecution: Patna HC Disposes A Revision Petition Filed In 1980!
6 years, 2 months ago

Only The Prosecutor Is Entitled To Seek Withdrawal From Prosecution: Patna HC Disposes A Revision Petition Filed In 1980!

Live Law  

Answering a reference made to it in the year 1990, a full bench of Patna High Court has held that Public Prosecutor in charge of a case is only entitled to move a court for its permission for withdrawal from prosecution of an accused from an offence or any offences. Reference The question referred before the Full bench was whether …

Withdrawal Of Prosecution: Public Prosecutor Cannot Act Like A Post Office Of The Government:SC [Read Judgment]
6 years, 6 months ago

Withdrawal Of Prosecution: Public Prosecutor Cannot Act Like A Post Office Of The Government:SC [Read Judgment]

Live Law  

Supreme Court on Thursday re-iterated that a public prosecutor cannot act like a post office of the Government while acting on a petition for withdrawal of prosecution under Section 321 of Code of Criminal Procedure. The Bench has restored a case against Muslim League MLA PK Basheer which was allowed to be withdrawn under Section 321 of Code of Criminal …

Verdict reserved on plea against withdrawal of Quattrocchi prosecution
15 years, 5 months ago

Verdict reserved on plea against withdrawal of Quattrocchi prosecution

The Hindu  

A Delhi court on Friday reserved judgment on the locus standi of an advocate who has challenged the withdrawal of prosecution by the Central Bureau of Investigation against Italian businessman Ottavio Quattrocchi in the multi-crore Bofors gun payoff case. The thrust of the argument of Mr. Malhotra was that Mr. Aggarwal had no locus standi in the matter because “publicity …

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