Section 321 CrPC

Section 321 CrPC

Subject – Polity

Context –SCBench was hearing plea about hundreds of criminal cases pending against MPs and MLAs, both sitting and former.

Concept –

• The power to withdraw criminal cases is vested with the public prosecutor or assistant public prosecutor under Section 321 of the CrPC.
• According to the statute, at any stage before the judgment, the prosecutor can decide to withdraw prosecution against one or all offenders in a case under one or all offences.
• If such an application is made before the chargesheet is filed, it would lead to discharge. In case the chargesheet is filed, it would lead to acquittal of the accused.
• In cases where the matter relates to the executive powers of the Centre, or comes under the Delhi Special Police Establishment Act, or is related to damage of central government property, permission from the Union is needed.
• The withdrawal of cases, however, is subject to the court giving its consent.
• Section 321 is silent on the grounds on which the state government or public prosecutor can push for withdrawal.
• However, successive judgments by the Supreme Court and various high courts have held that it cannot be whimsical or arbitrary, and must be guided by public interest and furtherance of justice.
• Various court judgments, including from the Supreme Court, have held that even after a case has been withdrawn by a state government and received the consent of the court concerned, it can be challenged for a judicial review under Article 226 of the Constitution.
• Courts have also held that besides the victim, even a third party can intervene and challenge the withdrawal of the case since a crime is committed against the society.