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november 1971

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.

M. N. SANKARAYARAYANAN NAIR vs P. V. BALAKRISHNAN & ORS. · Niyam