Supreme Court of India · 1986-12-20
MOHD. MUMTAZ vs NANDINI SATPATHY AND ORS.
- Citation / case number
- SC 1983/65959
- Court
- Supreme Court of India
- Petitioner
- MOHD. MUMTAZ
- Respondent
- NANDINI SATPATHY AND ORS.
- Bench
- VENKATARAMIAH, E.S. (J)
Judgment text excerpt
The Supreme Court held that under Section 239 of the Code of Criminal Procedure, 1973, a court should not allow the prosecution to withdraw a case if there is sufficient material to sustain it. In this case, the court found no prima facie case against the respondent, leading to the conclusion that the charges were groundless. The withdrawal application by the Special Public Prosecutor was deemed bona fide and in furtherance of public justice, resulting in the upholding of the discharge order by the Special Judge and the High Court.