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november 1979

Supreme Court of India · 1979-11-15

SUBHASH CHANDER vs STATE (CHANDIGARH ADMN.) & ORS.

Citation / case number
SC 1978/90268
Court
Supreme Court of India
Petitioner
SUBHASH CHANDER
Respondent
STATE (CHANDIGARH ADMN.) & ORS.
Bench
KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court held that the withdrawal of prosecution under Section 321 of the Criminal Procedure Code must be executed by the Public Prosecutor with the court's consent, and not influenced by executive authority. The Court emphasized that the judicial process must remain independent of political considerations, and any interference by the executive in ongoing criminal proceedings is unlawful. The petitioner's appeal was dismissed, affirming the trial court's decision to acquit the accused based on the Assistant Public Prosecutor's application for withdrawal.

SUBHASH CHANDER vs STATE (CHANDIGARH ADMN.) & ORS. · Niyam