Supreme Court of India
Bairam Muralidhar v. State of Andhra Pradesh
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5 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the considered opinion that view expressed by the learned trial Judge as well as the High Court cannot be found fault with.
Judgment, page 24
From the headnote
CODE OF CRIMINAL PROCEDURE, 1973: s. 321 - Withdrawal from prosecution - Duty of Public Prosecutor - Case alleging offences punishable under Prevention of Corruption Act registered against a Sub lnspGctor of Police investigating a case - State Government issuing a . 0. to withdraw the case - Application u/s 321 by Public Prosecutor for withdrawal of the case - Rejected by trial court holding that Public Prosecutor did not apply his independent mind - High Court concurred with the view of trial court - Held: Public Prosecutor cannot act like post office on behalf of State Government - He is
Authorities it was built on
- 1982 Sheonandan Paswan v. State of Bihar
- 1986 Sheo Nandan Paswan v. State of Bihar & Ors.
- 2013 Niranjan Hemchandra Sashittal and Another v. State of Maharashtra
- 1976 State of Orissa v. Chandrika Mohapatra & Ors.
- 1980 Rajendra Kumar Jain Etc. v. State through Special Police Establishment and Ors. Etc. Etc.
- 1979 Subhash Chander v. State (chandigarh Admn.) & Ors.
- 2005 Rahul Agarwal v. Rakesh Jain and Anr.
- 1996 R.M. Tewari, Advocate Etc. Etc. v. State (nct of Delhi) Ors Etc. Etc.
- 2000 Abdul Karim v. State of Karnataka and Ors.
Where later benches applied it
- 2018 Abdul Wahab K. v. State of Kerala and Others
- 2018 K. K. Mishra v. The State of Madhya Pradesh & Anr.
- 2021 The State of Kerala v. K. Ajith & Ors.
- 2022 Manoj Kumar Tiwari v. Manish Sisodia & Ors
- 2016 M/s. V. L. S. Finance Ltd. v. S. P. Gupta and Anr.
Of those, 2 relied on · 1 referred to · 2 mentioned
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