Withdrawal of case against the decision of the Prosecutor:
N.K.Assumi
(Querist) 15 October 2008
This query is : Resolved
If the Government direct the Prosecutor to withdraw the case against the accused contrary to the opinion of the Prosecutor under section 321 of the CrPc,and the prosecutor is compelled to withdraw the case against the accused by the State, what should the prosecutor do in such a case? To withdraw the case his judicial conscience does not permit him to do, in such a case what is best for the Prosecutor.
deepak kumar
(Expert) 15 October 2008
as a lawyer acts on the instruction of the client same is the case with Prosecutor i.e he acts on the instruction of the govt. In both the cases if the judicial conscience does not permit him to do certain acts the lawyer can excuse himself from the case and the prosecutor can resign but until that they will have to act upon the instruction provided by their respective clients.
ARVIND JAIN
(Expert) 15 October 2008
1. STATE IS BOSS AND BOSS IS ALWAYS RIGHT.
2. IF YOU DONT AGREE FOLLOW RULE ONE.
N.K.Assumi
(Querist) 15 October 2008
Is the Office of the prosecutor akin to that of the Postman? Simply to handover what the Boss says like the film Yes Boss?
N.K.Assumi
(Querist) 15 October 2008
I would rather Resign.....
Murali Krishna
(Expert) 15 October 2008
As Deepak Kumar rightly said the relationship between Public prosecutor and government is a relation ship between client and his advocate. Client is always has a right to withdraw his case and is boss of his case as said by Arvind Jain.
On the other hand, what is the personal interest does a PP has in a case of his client? Is it not against his professional ethics?
N.K.Assumi
(Querist) 16 October 2008
Thank you all of you. Let us have more discussion on this in the near future.
J K Agrawal
(Expert) 16 October 2008
Dear Sirs
We are advocates and we should try to understand the fundamental laws.
The prime body is The State. Government is to protact the state, judicial system is also to pratact the State. Bhishma Pitamah, Vidur,kripacharya,Karna and all other were not concern with what is right or what is wrong. They were much intelligent and were bind with STATE only. Not with ideas of Udhisthir.
The concept is that to protact a STATE the government can do any thing and a valuable right has been given to the government to withdraw any case from any court.
There are many citations on this point.
The government has every right to withdraw any case at any time because it is to run a STATE at any cost.
