Supreme Court · 1976 INSC 193 · Decided 23 August 1976
State of Orissa v. Chandrika Mohapatra & ORS.
- Court
- Supreme Court of India
- Citation
- 1976 INSC 193 · [1977] 1 S.C.R. 335
- Case number
- CRIMINAL APPEAL No. 308/1975
- Decided
- 23 August 1976
- Bench
- P.N. BHAGWATI, S. MURTAZA FAZAL ALI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 7; CrPC Section 494
Headnote
Code of Crlininal Procedure (Act 2 of 1974), s. 494-Prosecution apply­ ins; for withdrawal of prosecution-Principles to be considered by Court in granting CQnsent. The principles that should be kept in mind by the Court wh~n giving consent to the prosecution under s. 494 Cr. P.C. 1973, for produce sufficient evidence to sustain the charge, or that the prosecution does not appear to be well founded, or that there are other circumstances which clearly $how that the object of administration of justice would not be advanced or furthered by going on with the prosecution. It is not
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