Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Withdrawal from prosecution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Criminal Procedure, 1973: Section 321-Prosecution-Withdrawal from-Application of mind- By court-Before grant of consent-Application of Public Prosecutor (PP)- Requirements of-Popular film actor kidnapped by Veerappan and his associates-State Government in panic yielding to Veerappan's demands to withdraw TADA charges against his associates in jail facing charges under various penal statutes so as to facilitate their release-Demand also included release of some of Veerappan's associates detained under National Security Act (NSA) for the release of the film actor-Accordingly, PP moved an application under S.321 for withdrawal of TADA charges-State Government also revoked detention order under NSA in respect of 4 detenues-No material to show PP applied his mind in good faith and in public interest-Court granted consent for withdrawal of TADA charges-Accused persons thereafter granted bail-Validity of-Held: PP must independently apply his mind to all the relevant material and, in good faith, to be satisfied that public interest will be served by his withdrawal from prosecution-This is despite any order or direction to the PP-PP must set out the materials considered by him briefly, but concisely, in his application or affidavit-it or place it before the court-Court's power is supervisory but grant of consent is not a matter of course-Court has to give an informed consent-It must be satisfied that the PP has considered the material and, in good faith, reached the conclusion that withdrawal from prosecution is in public interest-Court must consider whether grant of consent may thwart or stifle the course of law or result in manifest injustice-Upon such considerations only court has to accord informed consent for withdrawal from prosecution-On facts, order of consent does not meet requirements of S.321 and is bad in law-No materials, on the basis of which PP applied his mind in good faith; and in public interest, placed before court-Affidavit of PP shows complicity with ·the accused persons to secure their release on bail-Hence, bail order cancelled-Conduct of State Government and PP deprecated. |
Judge | Honble Mr. Justice S.P. Bharucha Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2000 INSC 505 |
Petitioner | Abdul Karim |
Respondent | State Of Karnataka And Ors. |
SCR | [2000] Supp. (4) S.C.R. 382 |
Judgement Date | 2000-11-07 |
Case Number | 741-743 |
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