Supreme Court of India · 1976-08-23
STATE OF ORISSA vs CHANDRIKA MOHAPATRA & ORS.
- Citation / case number
- SC 1975/60443
- Court
- Supreme Court of India
- Petitioner
- STATE OF ORISSA
- Respondent
- CHANDRIKA MOHAPATRA & ORS.
- Author
- P.N. BHAGWATI
- Bench
- P.N. BHAGWATI
Judgment text excerpt
The Supreme Court clarified the principles under Section 494 of the Code of Criminal Procedure, 1973, for granting consent to withdraw prosecution, emphasizing that the administration of justice must be the guiding consideration. The Court held that a Magistrate's decision to permit withdrawal based on insufficient evidence was justified, and the High Court erred in setting aside this order. The Court also noted that if the prosecution's withdrawal aligns with the interests of justice, especially in cases of industrial rivalry, it should be upheld.