Even though a state is the sole in charge for conducting prosecution in a criminal case, a trial court can, in the interest of justice, reject its recommendation for withdrawal of the case, the Supreme Court has ruled.
A Bench, comprising Justice K G Balakrishnan and Justice B N Srikrishna, in a recent judgment also set out a two-point guideline for case withdrawals - first, if the case is likely to end in acquittal, and secondly, if a withdrawal is likely to restore harmony among the aggrieved parties.
The SC gave the order on an application filed by Madhya Pradesh public prosecutor seeking withdrawal of a case on the ground that it had been pending for seven years and that the accused had suffered mental harassment throughout the trial.
The magistrate and the sessions court had rejected the plea. However, the Madhya Pradesh high court allowed the withdrawal under Section 321 of the Criminal Procedure Code.
Setting aside the HC order, the apex court said discretion under the Section was to be carefully exercised with due regard to all relevant facts. It 'shall not be exercised to stifle the prosecution, which is being done at the instance of the aggrieved parties or the state for redressing their grievance'.
Justice Balakrishnan, writing the judgment for the Bench, said society demanded that every person who has committed a crime should be punished. Punishing the person was an essential requirement for the maintenance of law and order and peace in the society, he said.
