Supreme Court · 1994 INSC 212 · Decided 13 May 1994
V.S. Achuthanandan v. R. Balakrishna Pillai and ORS.
- Court
- Supreme Court of India
- Citation
- 1994 INSC 212 · [1994] SUPP. 1 S.C.R. 95
- Case number
- CRIMINAL APPEAL No. 122/1994
- Decided
- 13 May 1994
- Bench
- J.S. VERMA, B.P. JEEVAN REDDY, S.P. BHARUCHA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 321; Prevention of Corruption Act
Headnote
Code of Criminal Procedure, 1973 : Section 321-Public Prosecutor-­ Power to withdraw prosecution-Scope of-Non-application of mind by public prosecutor-Decision to withdraw prosecution not bona fide-Court's refusal to give consent to withdrawal of prosecution-Held justified. A B c Section by public prosecutoi-Nature and scope of High Court's power in such a matter-High Court not considering ground of withdrawal taken by public prosecutor-But considering grounds not urged by public prosecutor-Setting aside Court's order by High Court held not jus- D tified. During the pendency
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