Shailendra Kumar Srivastava vs State Of Uttar Pradesh 2024 INSC 529 – S 321 CrPC -Withdrawal Of Prosecution

Code of Criminal Procedure, 1973; Section 321 [ Section 360 BNSS]– Merely because an accused person is elected to the Legislative Assembly cannot be a testament to their image among the general public. Matters of a gruesome crime akin to the double murder in the present case do not warrant withdrawal of prosecution merely on the ground of good public image of an accused named in the charge sheet after thorough investigation. Contrary to the Trial Court’s view, such withdrawal cannot be said to be allowed in public interest. This reasoning cannot be accepted especially in cases of involvement of influential people. [In this case, Trial Court allowed the application for withdrawal of prosecution for one of the accused persons] (Para 12)

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