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january 2005

Supreme Court of India · 2005-01-18

RAHUL AGARWAL vs RAKESH JAIN

Citation / case number
SC 2001/18511
Court
Supreme Court of India
Petitioner
RAHUL AGARWAL
Respondent
RAKESH JAIN
Author
K.G. BALAKRISHNAN
Bench
B.N. SRIKRISHNA K.G.BALAKRISHNAN

Judgment text excerpt

The Supreme Court held that the High Court's order allowing withdrawal of prosecution under Section 321 of the Code of Criminal Procedure was unsustainable due to lack of relevant reasoning and failure to consider the prolonged trial duration. The Court emphasized that the reasons provided for withdrawal were either irrelevant or incorrect, and highlighted the importance of verifying facts before permitting such withdrawal. Consequently, the Court set aside the High Court's order, reinforcing the need for a thorough inquiry in cases of prosecution withdrawal.

RAHUL AGARWAL vs RAKESH JAIN · Niyam