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.