The High Court of Chhattisgarh rejected a criminal miscellaneous petition challenging orders refusing a withdrawal of prosecution under Section 321 Cr.P.C. The Court found no merit in the petition, noting the lower courts correctly rejected the request as further prosecution was not futile.
Criminal Miscellaneous Petition No. 844 of 2016 rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 844 of 2016
---- Petitioner
Versus
All are R/o Village Khairbanakala, Police Station Kawardha, District Kabirdham, Chhattisgarh.
---- Respondents
For Petitioner : Shri O.P. Sahu, Govt. Advocate
Hon'ble Shri Justice P. Sam Koshy
Order On Board By
09/08/2016
respondents were simple in nature and therefore the State authorities had filed for withdrawal of the prosecution on the recommendation of the Collector concerned. The trial Court as well as the revisional Court have reached to the conclusion that taking into consideration the factual matrix of the case, more particularly the fact that since all the material witnesses all been examined it does not appear to be delayed on account of prosecution neither the case where the complainant has made statement for settlement of the dispute out of Court or not supported the case of the prosecution. Therefore, the Courts below has rejected the application under Section 321 and the revision preferred against the rejection of the said application.
Sd/-
K
2 issues framed by the court
Whether the High Court should interfere with the lower courts' order rejecting the State's application for withdrawal of prosecution under Section 321 Cr.P.C.
Whether there is any fault, illegality, or infirmity in the impugned orders for quashing the proceedings.
1 provisions across 1 enactments
State of Chhattisgarh, Through The Police Station Kawardha
Dashrath S/o Ramnath Sahu
Mahabati W/o Dashrath Sahu
Urmila W/o Ramji Sahu
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
