order is against the facts and law and thus, is liable to be set aside. It was submitted that the said application under Section 321 Cr. P. C. has been rejected by the trial Court on the ground that the case is pending at the stage of final hearing and that no order regarding leave of High Court to withdraw the prosecution, as laid down in the case of Ashwani Kumar Upadhyay Versus Union of India Writ Petition (Civil) No. 699/2016, decided on 10.8.2021, has been produced. It was submitted that the trial Court below failed to peruse the record that this Court has already granted leave for withdrawal of prosecution vide order dated 21.3.2023 and in fact, the copy of the said order was filed along with the application under Section 321 Cr. P. C. Learned Government Advocate has referred copy of the application filed under Section 321 Cr. P. C., wherein it was shown that the order dated 7.8.2023 passed by the State of U. P. and the order dated 21.3.2023 passed by this Court regarding grant of leave to withdraw the prosecution, has been filed along with that application. Learned Government Advocate submitted that in view of these facts the observation of the trial Court that in terms of law laid down by the Hon'ble Apex Court in the case of Ashwani Kumar Upadhyay Versus Union of India (supra), no leave has been granted by the High Court is wholly false and without any basis. Further, it is well settled position that the prosecution can be withdrawn at any stage during pendency of the case. Thus, application under Section 321 Cr. P. C. cannot be rejected merely on the basis that the case is pending at the stage of final hearing. Referring to these facts it was submitted that the impugned order is against facts and law and thus, liable to be set aside.
