Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Procedure Code, 1973: ss.321 & 329-Nolle prosequi-Withdrawal from prosecution-Right of public prosecutor-Charge framed against accused-Withdrawal whether legal. Section 321 Criminal Procedure Code, 1973 empowers a Public Prosecutor incharge of a case to withdraw with the consent of the court from the prosecution of any person in respect of any one or more of the offences for which he is tried, at any time before the judgment is pronounced. Respondent No. 1 Ex-Chief Minister of Orlssa, was alleged to have misappropriated a huge sum, said to have been collected by District Congress Committees from various companies for publication of their advertisements in party's souvenirs before the 1971 General Elections. A case was registered by the Vigilance Department against her and a charge-sheet submitted. The Addl. Chief Judicial Magistrate framed charges under ss.406,467 ,471 and 120 of the lPC. After the 1980 General Election, the State Government took a policy decision to withdraw cases against political leaders who were " subjected to victimisation. The Special Public Prosecutor on being satisfied that the charge of criminal breach of trust would fail against respondent No. 1 filed a petition under s.321 Cr.P.C. and sought the permission of the court in public interest for withdrawal of the case, when the case was posted for consideration of charge.After making an objective assessment of the merits of the application and being satisfied that the withdrawal of the prosecution would in no way affect any public interest or improve any public confidence the Addl. Chief Judicial Magistrate granted consent to,withdraw from the prosecution. The appellant's revision petition having been dismissed by the High Court he appealed by special leave to this Court. |
Judge | Honble Mr. Justice E.S. Venkataramiah |
Neutral Citation | 1986 INSC 278 |
Petitioner | Mohd. Mumtaz |
Respondent | Nandini Satpathy And Ors. |
SCR | [1987] 1 S.C.R. 691 |
Judgement Date | 1986-12-20 |
Case Number | 49 |
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