Safiya Malik

The Allahabad High Court dismissed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), which sought to quash the rejection of a prosecution withdrawal request under Section 321 CrPC. The court held that applications for withdrawal of prosecution must comply with established legal principles, including the need for the public prosecutor to independently assess the public interest and the broader ends of justice.

The matter arose from a criminal case initiated against the applicant, who faced charges under Sections 384, 352, 504, and 506 of the Indian Penal Code (IPC). An FIR was registered in 2007, followed by a charge sheet. During the pendency of the trial, the State filed an application under Section 321 CrPC, seeking court permission to withdraw the prosecution. This was based on a government order issued in 2013.

The application did not specify any public interest grounds or reasons for the withdrawal. Both the trial court and the revisional court rejected the request, citing non-compliance with legal requirements. The applicant subsequently filed the present petition under Section 482 CrPC, challenging these decisions and seeking relief from the High Court.

The applicant’s counsel argued that no case was made out against the accused and that the withdrawal application should have been accepted. Conversely, the counsel for the complainant and the State opposed the application, contending that the withdrawal was unsupported by reasons and against public interest. They highlighted that the applicant was a history-sheeter with 32 prior cases, raising concerns about procedural propriety and justice.

The court recorded the importance of adherence to legal principles governing prosecution withdrawal under Section 321 CrPC. It referred to precedents, including the Supreme Court's rulings in Abdul Wahab K. vs. State of Kerala (2018) and State of Kerala vs. K. Ajith (2021), which outline the duties of the public prosecutor and the conditions under which prosecution withdrawal is permissible.

Quoting from Abdul Wahab K., the court stated: “The Public Prosecutor must act as an independent officer of the court and apply their own mind to assess whether the withdrawal serves public interest and justice. The decision must be free from external influence or improper motives.”

It further observed that Section 321 CrPC permits withdrawal of prosecution at any stage before the judgment, provided the court is satisfied that the withdrawal is justified in the interest of public policy and justice. The court cited the guidelines laid down in State of Kerala vs. K. Ajith, which require courts to evaluate whether:

1. The prosecutor has independently assessed the merits of the withdrawal.

2. The withdrawal aligns with public interest and justice.

3. The application is free from ulterior motives or procedural impropriety.

The court noted that the present application lacked essential details justifying the withdrawal, and no reasons were provided by the public prosecutor. It also observed: “Permitting withdrawal of prosecution without sufficient justification would undermine public confidence in the administration of justice, particularly in cases involving individuals with extensive criminal records.”

The High Court dismissed the application, upholding the decisions of the trial and revisional courts. It concluded that the prosecution’s withdrawal request failed to meet the requirements under Section 321 CrPC, as outlined by the Supreme Court. The court stated that: “Applications for withdrawal of prosecution must be supported by clear and reasoned explanations from the public prosecutor, demonstrating that the request is in good faith and serves the ends of public justice.”

The court also directed that cases involving individuals with extensive criminal records must be scrutinized rigorously to ensure that procedural safeguards and public interest are upheld.

Case Title: Dilip Singh vs. State of U.P. and Another
Case Number: Application U/S 482 No. 1251 of 2019
Bench: Justice Arun Kumar Singh Deshwal

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