Dharmagya Misra v. State of U.P.
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Dinesh Kumar Singh, J.), CRIMINAL REVISION No. - 160 of 2009, Dharmagya Misra v. State of U.P., decided 12.7.2022. Accused cannot file application under Section 321 CrPC for withdrawal from prosecution; that right vests solely in the Public Prosecutor; Magistrate's rejection of such application upheld; revision dismissed for want of prosecution (counsel expired, no appearance despite card notice) and on merit. Offences under Sections 147, 148, 149, 307, 323, 332, 353, 336, 504, 506, 427 IPC, Section 7 Criminal Law Amendment Act, Section 150 Indian Railways Act, Section 4 Prevention of Damage to Public Property Act; Crime No.0233 of 2002, P.S. Mallawan, District Hardoi; Criminal Case No.3513 of 2008.
What did the court decide?
The Criminal Procedure Code does not give any right to an accused to move an application under Section 321; the right of moving an application for withdrawal of the prosecution vests only with the Public Prosecutor.