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.