Supreme Court · 1971 INSC 330 · Decided 26 November 1971
M. N. Sankarayarayanan Nair v. P. V. Balakrishnan & ORS.
- Court
- Supreme Court of India
- Citation
- 1971 INSC 330 · [1972] 2 S.C.R. 599
- Case number
- CRIMINAL APPEAL No. 12/1969
- Decided
- 26 November 1971
- Bench
- P. JAGANMOHAN REDDY, D.G. PALEKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 109; CrPC Section 494
Headnote
Code of Criminal Procedure (Act 5 of 1898), s. 494--Grant of per- 111ission to Public Prosecutor to withdra1v from prosecutior1r-Cri~ria. The respondents were committed to trial before the Sessions Court for offences of forgery, cheating, etc. They challenged the committal order but the High Court the trial judge split up the char&es and this was •!lain questioned but the High Court held that there was no illegality. The Public Prosecutor then applied under s. 494, Cr. P .C., under instructions from the Government, for J>\!rmission to withdraw from the prosecution, on
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