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october 1977

Supreme Court of India · 1977-10-04

BALWANT SINGH & ORS. vs STATE OF BIHAR

Citation / case number
SC 1977/61680
Court
Supreme Court of India
Petitioner
BALWANT SINGH & ORS.
Respondent
STATE OF BIHAR
Bench
KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court held that the decision to withdraw from prosecution under Section 321 of the Criminal Procedure Code must prioritize the administration of justice over political or external pressures. The Court emphasized that the Public Prosecutor has a non-negotiable statutory responsibility to assess whether withdrawal serves the broader cause of public justice. It ruled that the District Magistrate's directive to withdraw the case was improper, as it undermined the Public Prosecutor's discretion, leading to a failure in the proper exercise of statutory duties.

BALWANT SINGH & ORS. vs STATE OF BIHAR · Niyam