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august 1976

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.

STATE OF ORISSA vs CHANDRIKA MOHAPATRA & ORS. · Niyam