Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CODE OF CRIMINAL PROCEDURE 1973: s. 321 - Withdrawal from prosecution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973: s. 321 - Withdrawal from prosecution - Duty of Public Prosecutor - Case alleging offences punishable under Prevention of Corruption Act registered against a Sub- lnspGctor of Police investigating a case - State Government issuing a G. 0. to withdraw the case - Application u/s 321 by Public Prosecutor for withdrawal of the case - Rejected by D trial court holding that Public Prosecutor did not apply his independent mind - High Court concurred with the view of trial court - Held: Public Prosecutor cannot act like post office on behalf of State Government - He is required to act in good faith, peruse the materials on record, satisfy himself and form E an independent opinion that withdrawal of the case would really subserve public interest at large - An order of Government in this regard is not binding on Public Prosecutor - It is the obligation of Public Prosecutor to state in brief what material he has considered. In the instant case, Public- F Prosecutor has been totally guided by order of Government and has not applied his mind to the facts of the case - Trial court as well as High Court has observed that it is a case under Prevention of Corruption Act - They have taken note of the fact that State Government had already granted G sanction - It is a/so noticeable that Anti Corruption Bureau has found that there was no justification of withdrawal of the prosecution - A case under Prevention of Corruption Act has its own gravity - Regard being had to the gravity of the offence and the impact on public life apart from the nature of A application filed by Public Prosecutor, the view expressed by trial court as well as High Court cannot be found fault with.s. 321 - Withdrawal from prosecution - Duty of court - Held: Court while giving consent uls 321 is required to exercise its judicial discretion which is not to be exercised in a mechanical manner - Court cannot give such consent on a mere asking - It is expected of the court to consider the material on record to see that the application has been filed in good faith and to serve the public interest and such withdrawal would advance the cause of justice. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 512 |
Petitioner | Bairam Muralidhar |
Respondent | State Of Andhra Pradesh |
SCR | [2014] 8 S.C.R. 328 |
Judgement Date | 2014-07-31 |
Case Number | 1587 |
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