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december 1982

Supreme Court of India · 1982-12-16

SHEONANDAN PASWAN vs STATE OF BIHAR & OTHERS

Citation / case number
SC 1983/66057
Court
Supreme Court of India
Petitioner
SHEONANDAN PASWAN
Respondent
STATE OF BIHAR & OTHERS
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court examined the scope of Section 321 of the Code of Criminal Procedure, 1973, regarding the power of a public prosecutor to withdraw from prosecution. It held that the grounds for withdrawal, such as personal vendetta, public policy, and adverse effects on public interest, are valid considerations. The Court confirmed the High Court's order allowing withdrawal of prosecution against the accused, emphasizing the necessity of a proper sanction and the independence of the prosecutor's decision-making process under Section 24(8) and Section 321.

SHEONANDAN PASWAN vs STATE OF BIHAR & OTHERS · Niyam