Section 321 crpc. crpc 321 applicability in a 498a case 2019-02-27

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CrPC Section 321

section 321 crpc

Imprisonment for 7 years and fine. But in 1978 the trend changed when in Balwant Singh v. The broad ends of public justice will certainly include appropriate social, economic and, we add, political purposes sans Tammany Hall enterprise. Imprisonment for 6 months, or fine of 1,000 rupees, or both. Jagannath Misra and others admittedly is-it should not be a legitimate ground for the public prosecutor to urge in support of the application for withdrawal that there is insufficient or no evidence in support of the prosecution.

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PUBLIC PROSECUTOR: role/ problem and suggestion: Public Prosecuror: SEC 24/25 &321 CRPC

section 321 crpc

The court, after considering these facets of the case, will have to see whether the application suffers from such improprieties or illegalities as to cause manifest injustice if consent is given. Rioting armed with deadly weapon 148 The person against whom the force or violence is used at the time of committing an offence: Provided that the accused is not charged with other offence which is not compundable. They formulated their own guidelines for scrutiny of the matter. State of Andhra Pradesh in Criminal Appeal No. The more recent case is Shri P. Imprisonment or Committal of person refusing to answer or produce document.

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S.321

section 321 crpc

As far as Respondent No. While filing such an application, the public prosecutor also is required to apply his own mind and the effect thereof on the society in the event such permission is granted. Imprisonment for 7 years and fine. When this Court is hearing an appeal against an order made by the High Court in the exercise of its revisional power under section 397 it is the same revisional power which this Court would be exercising and this Court therefore certainly can interfere with the order made by the Magistrate and confirmed by the High Court if it is satisfied that the order is incorrect, illegal or improper. The direction to re-hear the appeal, therefore, can only be to ascertain reasons to see whether the Judgment need be set aside.

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Petition under sec 321 Cr.P.C cannot be file without any basis

section 321 crpc

Noticing that no guidelines have been provided for in the matter of grant or withdrawal of the consent by the Court, the Constitution Bench referred to the ratio of its earlier decision in State of Bihar vs. Imprisonment for 7 years and fine. Imprisonment for 6 months or fine of 1,000 rupees, or both Cognizable Bailable Any Magistrate 283. Their powers are purely discretionary and though no limits can be placed upon that discretion it must be exercised along recognized lines and not arbitrarily; and one of the limitations imposed by the Courts on themselves is that they will not exercise jurisdiction in this class of case unless substantial injustice has ensued, or is likely to ensue. State of Karnataka 2001 , it was held that even if Government ordered the prosecution , he he must satisfy the Court that he has applied his mind in good faith to all the relevant materials of the case and public interest will be advanced by such withdrawal. Cognizable Bailable Magistrate of the first class. Jagannath Misra asked for the concerned file, Shri Abdul Ghafoor, on a reference made to him directed on 27th January 1975 that the file may be sent to Dr.

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S.321

section 321 crpc

Cancellation of bond and bail bond. If offence charged be punishable with imprisonment for 7 years or upward. Every case must depend on its peculiar facts and circumstances because there may be a myriad situation where this question may have to be considered by the Court. The same as for giving or fabricating false evidence. Jagannath Misra passed another Order in his own hand on a piece of paper in Hindi under his signature and had it pasted over the earlier order dated 16th May 1975 so as to efface the same completely and this subsequent Order was ante-dated to 14th May 1975. Wrongfully restraining or 341, 342 The person restrained or confining any person.

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LAW FOR ALL

section 321 crpc

The proviso to section 321 in fact contemplates in so many terms that in certain categories of offences the Public Prosecutor appointed by the State Government cannot move the Court for its consent to withdraw from the prosecution without the permission of the Central Government. Public prosecutors are really ministers of justice whose job is none other than assisting the state in the administration of justice. The appellant is a member of the Bihar Legislative Assembly. There are, under the existing law, sufficient safeguards for the purpose of ensuring that no public servant is harassed by false and vexatious prosecution or charges of corruption because no such prosecution can be initiated without sanction under section 6 of the prevention of Corruption Act or section 197 of the Code of Criminal Procedure, 1973. Non-Cognizable Bailable Court by which offence of giving evidence is triable. Jagannath Misra in respect of the offences for which he was charge-sheeted and this order of discharge was upheld by the High Court in revision and finally by two out of three Judges of this Court and it would be unfair and unjust to reverse the order of discharge and direct a retrial of Dr. Fraudulent execution of deed 423 The person affacted of transfer containing false thereby.

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Centre seeks changes in CrPC, Evidence Act

section 321 crpc

Execution of order passed under section 368. A case under the Prevention of Corruption Act has its own gravity. Many judges tend to remain a little below the sentence recommended by the prosecution, but it also occurs that the court imposes a more severe sentence than that requested by the prosecutor. Such order has been made absolute, and I hereby direct and require you to obey the said order within …………………………… state the time allowed , on peril of the penalty provided by the Indian Penal Code for disobedience thereto. Power to direct levy of amount due on certain recognizances. Imprisonment for 3 years, or fine or both. All that the court has to see is whether the application is made in good faith, in the interest of public policy and justice and not to thwart or stifle the process of law.

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Centre seeks changes in CrPC, Evidence Act

section 321 crpc

If on a reading of the order giving consent, a higher Court is satisfied that such consent was given on an overall consideration of the materials available, the order giving consent has necessarily to be upheld. For the reasons aforementioned, the appeal is allowed. This issue can be operationalised into three different questions: 1 Does section 321 permit a Public Prosecutor to withdraw from a case without seeking the opinion of the Government 2 whether section 321 empowers a Public Prosecutor to refuse to withdraw from the prosecution despite the advice of the Government to withdraw and 3 where a public prosecutor withdraws from the prosecution on the advice and direction of the Government, does he act contrary to the requirement of section 321? In two well reasoned concurring judgments, Baharul Islam J and R. This course of action was approved by the Secretary, Cooperation and the Minister for Cooperation also approved of it on1st January 1975 and it also received the approval of the then Chief Minister, Shri Abdul Ghafoor on 2nd January 1975. House-trespass to commit an offence other than theft punishable with imprisonment.

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PUBLIC PROSECUTOR: role/ problem and suggestion: Public Prosecuror: SEC 24/25 &321 CRPC

section 321 crpc

Section 320 1 pertains to compounding of offences, in the table, which are not of a serious nature while Section 320 2 pertains to offences of a slightly serious in nature but not constituting grave crimes. He has to make out some ground which would show that the prosecution is sought to be withdrawn because inter alia the prosecution may not be able to produce sufficient evidence to sustain the charge or that the prosecution does not appear to be well-founded or that there are circumstances which clearly show that the object of administration of justice would not be advanced or furthered by going on with the prosecution. The power conferred on a Magistrate under this Section is in order to ensure that a complainant does not abuse the process of law by filing a false or vexatious complaint against another and withdrawing the complaint after adequately embarrassing or harassing the accused so as to escape the consequences of a complaint or suit for malacious prosecution by the accused in the complaint. It was not subject to any control. The reversal of the earlier judgment of this Court by this process strikes at the finality of judgments of this Court and would amount to the abuse of the power of review vested in this Court, particularly in a criminal case. Cognizable Non-Bailable Magistrate of the first class 135 Abetment of the desertion of an officer , soldier, sailor or airman.


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CrPC 321: Section 321 of the Criminal Procedure Code

section 321 crpc

But it cannot be said that a Public Prosecutors action will be illegal if he receives any communication or instruction from the Government… He is an appointee of the Government, Central or State see Sections 24 and 25, Cr. The paramount consideration must be the requirement of public justice and some of the grounds which would bring the case within the fabric of public justice have already been discussed by us in the preceding paragraphs and we need not repeat them. Maruti Jadhav and in pursuance of this plan was executed on different dates. Mishra and the confessional statement of Haidari implicating Dr. Imprisonment for 2 years, or fine, or both.

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