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may 1980

Supreme Court of India · 1980-05-02

RAJENDRA KUMAR JAIN ETC. vs STATE THROUGH SPECIAL POLICE ESTABLISHMENT AND ORS. ETC.ETC

Citation / case number
SC 1979/62641
Court
Supreme Court of India
Petitioner
RAJENDRA KUMAR JAIN ETC.
Respondent
STATE THROUGH SPECIAL POLICE ESTABLISHMENT AND ORS. ETC.ETC
Bench
REDDY, O. CHINNAPPA (J)

Judgment text excerpt

The Supreme Court dismissed the appeals and special leave petitions challenging the withdrawal of prosecution under Section 321 of the Criminal Procedure Code, 1973. The Court held that the Committing Magistrate had the authority to grant consent for withdrawal, emphasizing that the power under Section 321 is independent of the court's ability to acquit or discharge the accused. The Court found no merit in the arguments regarding the Public Prosecutor's locus standi or the alleged influence of the Central Government, affirming the validity of the withdrawal decision.

RAJENDRA KUMAR JAIN ETC. vs STATE THROUGH SPECIAL POLICE ESTABLISHMENT AND ORS. ETC.ETC · Niyam