Supreme Court of India · 1971-11-26
M. N. SANKARAYARAYANAN NAIR vs P. V. BALAKRISHNAN & ORS.
- Citation / case number
- SC 1969/60326
- Court
- Supreme Court of India
- Petitioner
- M. N. SANKARAYARAYANAN NAIR
- Respondent
- P. V. BALAKRISHNAN & ORS.
- Bench
- REDDY, P. JAGANMOHAN
Judgment text excerpt
The Supreme Court held that Section 494 of the Code of Criminal Procedure does not equate to Section 333, which allows the Advocate General to enter a nolle prosequi. The Court emphasized that the Public Prosecutor's power to withdraw from prosecution must serve the interests of justice and not be based on extraneous grounds. The Court found that the reasons provided for withdrawal, including the civil nature of the transaction and the delay in trial, were insufficient to justify the withdrawal, thus allowing the appeal and reinstating the prosecution.