The division judge bench of the Andhra Pradesh High Court held that the Public Prosecutor is vested with the power to move an application under Section 321 Cr.P.C., yet, even though the G.O. has been issued and the Public Prosecutor would be entitled to take an independent decision as to whether the prosecution has to be withdrawn or not.
Brief facts
The factual matrix of the case is that the present petition has been filed to challenge the Government Order in which a decision has been taken to withdraw the prosecution in as many as six cases registered against the accused and directions were also issued to the Director General of Police, Andhra Pradesh to instruct the Public Prosecutor/Assistant. Public Prosecutors concerned to apply to the six cases for withdrawal of prosecution under Section 321 of the 1973 Code of Criminal Procedure.
Contentions of the Petitioner
The Petitioner contended that Section 321 Cr.P.C. exclusively gives the Public Prosecutor the authority to withdraw, and government intervention in that authority is not envisaged or warranted. It was contended that the government after issuing the G.O. has sought to influence the independence of the Public Prosecutor in deciding whether a particular case is fit for seeking a withdrawal by exercising the powers vested in the Public Prosecutor under Section 321 Cr.P.C.
The Petitioner relied upon the judgment titled Balwant Singh vs. State of Bihar.
Contentions of the Respondent
The Respondent contended that the Public Prosecutor's authority under Section 321 Cr.P.C. is unaffected simply because the Government has issued a G.O. ordering the withdrawal of the proceedings against the accused.
The Respondent relied upon the judgments titled Rajender Kumar Jain vs. State, and State of Kerala vs. K. Ajith and others.
Observations of the court
The Hon’ble court directed that the Public Prosecutor is empowered to apply to Section 321 Cr.P.C.; however, even after the G.O. is issued, the principles issued by the apex court in the judgment titled State of Kerala vs. K. Ajith and others is to be followed, and the Public Prosecutor is entitled to make an independent determination regarding whether the prosecution should be withdrawn or not.
The decision of the court
With the above direction, the matter is listed on 14.02.2024.
Coram: Hon’ble Mr. Justice Dhiraj Singh Thakur, and Hon’ble Mr. CJ R. Raghunandan.
Case No.: W.P(PIL). No.24 of 2024
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