A full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.
Section 321 of CrPC 1973, deals with the power of public prosecutor/assistant public prosecutor to withdraw case of which he is in-charge after obtaining written permission from the state government and that permission is required to be filed in court. The power of withdrawal can be invoked by the public prosecutor/assistant public prosecutor, in-charge of the case when same is made in good faith, in the interest of public policy and justice and not to thwart or stifle the process of law.
The bench of Justice V.K. Shukla, Justice Manoj Misra and Justice Bharat Bhushan considered the following questions:
After considering various judicial pronouncements, the Bench has answered the questions as follows: