News Muncher - category section 321 crpc

3 days, 18 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 Cases Prosecution State Withdraw Advocate Dalwai

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 …

Karnataka Public Prosecutor Court Cases Order Public Prosecutors State

2 years, 1 month ago

UP Excise Act Case: Allahabad High Court Allows Application For 'Withdrawal From Prosecution' Against UP BJP MLA PN Pandey

Live Law

The Allahabad High Court has allowed an application of the Public Prosecutor for 'Withdrawal From Prosecution' against UP BJP MLA Prem Narayan Pandey in connection with a case registered against him under the UP Excise Act.With this, the Court set aside the judgment and order passed by the Additional Session Judge, Special Judge, Gonda. The Allahabad High Court has allowed …

Prosecution Trial Court Application Order Case Public Mla

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. …

Public Prosecutor Court Prosecution Application Case Public Prosecutor

2 years, 3 months ago

"Political Activists Have A Right To Protest Against Administration": Allahabad HC Quashes Case Against UP Minister

Live Law

"In a democracy based on adult franchise, the political activist and other public-spirited persons would have right of protest against the Administration by staging Dharana etc. against perceived discrimination/atrocities, inaction, omission or commission of the State Authorities," the Allahabad High Court observed as it quashed a 2013 criminal case filed against the sitting minister in. against perceived discrimination/atrocities, inaction, omission …

Court Application Case Protest State Mla Singh

3 years, 7 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 …

Consent Justice Court Prosecution Public Life Administration Case

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 …

Public Prosecutor Court Criminal Procedure Prosecution Duty Power Order

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 …

Public Prosecutor Criminal Criminal Procedure Cases Criminal Cases Power Judicial Review

9 years, 1 month ago

Office of a Public Prosecutor is not a Post Office, he should apply his mind and take independent decision on withdrawal of Prosecution; SC

Live Law

The Supreme Court of India observed that Public Prosecutor is not supposed to act as a post office and he is expected to remember his duty to the Court as well as his duty to the collective. While filing an application for withdrawal of Prosecution, the Public Prosecutor also is required to apply his own mind and the effect thereof …

High Court Public Prosecutor Independent Prosecution Office Application Order

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Articles for Section 321 Crpc

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

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

UP Excise Act Case: Allahabad High Court Allows Application For 'Withdrawal From Prosecution' Against UP BJP MLA PN Pandey

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

"Political Activists Have A Right To Protest Against Administration": Allahabad HC Quashes Case Against UP Minister

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

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

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

Office of a Public Prosecutor is not a Post Office, he should apply his mind and take independent decision on withdrawal of Prosecution; SC