Supreme Court of India · 1967-01-06
STATE OF PUNJAB vs SURJIT SINGH & ANOTHER
- Citation / case number
- SC 1983/66107
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB
- Respondent
- SURJIT SINGH & ANOTHER
- Author
- RAO, K. SUBBA (),SHAHC.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.
- Bench
- RAO, K. SUBBA (CJ),SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that under Section 494 of the Criminal Procedure Code, 1898, only the Public Prosecutor who is in charge of a case can file an application for withdrawal from prosecution. The Court affirmed the High Court's ruling that a Public Prosecutor not conducting the prosecution cannot seek withdrawal, as this would lead to anomalous situations. The appeal was dismissed, upholding the High Court's decision against the Public Prosecutor's application for withdrawal.