Abt withdraw of criminal case....
dr pankaj patil
(Querist) 10 May 2012
This query is : Resolved
what empowers state to withdraw criminal case?
any section, caselaws, citations,.....pl?
Adv.R.P.Chugh
(Expert) 10 May 2012
Withdrawal of Prosecution
1. Section - 321 CrpC
2. Abdul Karim v. State of Karnataka (2000 SC)
In a nutshell - since the crime is against the society at large - state vindicates law and order on behalf of society to restore the disturbed societal equilibrium.
Sometimes the needs of society are better served through non prosecution which may be due to apprehended public disorder or larger public welfare. To cite an example - without going into the propriety of it - there may be different views about it - a case of withdrawal of prosecution - maybe where hijackers hijack a plane full of women and children - and ask as quid pro quo freeing their apprehended confederate.
Application for withdrawal of proseuction mentioned above (321) is made by the Prosecutor, normally at behest of execute (state or centre) but the court always have the power to deny such request if the imperatives of public good demand otherwise as happened in Veerappan Case.
Shonee Kapoor
(Expert) 11 May 2012
Academic query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dr pankaj patil
(Querist) 11 May 2012
thnx all.
new Q
in judiciary who is empowered to order CBI Enquiry? JMFC? CJM? DJ? HC? SCI?
any caselaws, citations pl.....
