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.