Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Withdrawal of Prosecution |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Withdrawal of Prosecution-Chances of conviction farfetched and bleak and evidence not forthcoming as per the report under section 173(8) of the Criminal Procedure Code-Whether the grant of permission for nolles prosequi under section 321 of the Code in order. In respect of certain incident dated 2.4.1974, the First Infonnation Report has been registered suo motu by tile Police after 31 ; years, on the basis of the report of Commission of Inquiry. The victims of the injuries were also accused of criminal offences said to have taken place at the same point of time who were produced before the Judicial Magistrate of Bhiwani on 2.4.74 and D were also medically examined. They did not file any private complaint, though released on bail. Based on the report of the Investigating Agency under section 173(8) of the Code of Criminal Procedure Code, the Public Prosecutor filed an application under section 321 of the Code for withdrawal of the prosecution case which was granted by the Chief Judicial Magistrate, Bhiwani. The High Court also affirmed the said order. Hence the Special Leave Petitions. |
Judge | N/A |
Neutral Citation | 1986 INSC 252 |
Petitioner | Tekchand & Anr. |
Respondent | Tekchand, Supdt. Of Police & Ors. |
SCR | [1987] 1 S.C.R. 376 |
Judgement Date | 1986-11-28 |
Case Number | 1682 |
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