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of <h1>Supreme Court orders prosecution to continue, stressing judicial scrutiny & Public Prosecutor independence.</h1> The Supreme Court set aside the withdrawal of prosecution against Dr. Jagannath Mishra, emphasizing the need for judicial scrutiny and the Public ... - Issues Involved:1. Validity of the withdrawal of prosecution against Dr. Jagannath Mishra.2. Role and autonomy of the Public Prosecutor in the withdrawal process.3. Judicial scrutiny of the grounds for withdrawal.4. Application of Section 321 of the Criminal Procedure Code (CrPC).Summary:1. Validity of the Withdrawal of Prosecution:The principal issue was whether the prosecution against Dr. Jagannath Mishra, former Chief Minister of Bihar, was rightly allowed to be withdrawn by the Chief Judicial Magistrate. The prosecution was based on allegations of defalcation, embezzlement, and conspiracy related to the Patna Urban Cooperative Bank. The Supreme Court highlighted that the decision to withdraw the prosecution was taken by the Cabinet presided over by Dr. Mishra himself, raising concerns about the propriety and transparency of such a decision.2. Role and Autonomy of the Public Prosecutor:The Court examined whether the Public Prosecutor acted independently or merely followed the directives of the Government. It was emphasized that the Public Prosecutor must exercise independent judgment and cannot be a mere mouthpiece of the Executive. The Court noted that the Public Prosecutor should not surrender his discretion to the Government and must apply his mind independently to the facts and circumstances of the case.3. Judicial Scrutiny of the Grounds for Withdrawal:The Court scrutinized the grounds on which the withdrawal was sought, which included lack of evidence, political vendetta, reasons of state and public policy, and adverse effects on public interest. The Court emphasized that the grounds for withdrawal must be legitimate and in furtherance of public justice. It was found that the Special Judge and the High Court failed to adequately scrutinize the grounds and merely accepted the Public Prosecutor's application without proper judicial consideration.4. Application of Section 321 of the Criminal Procedure Code (CrPC):Section 321 CrPC allows the Public Prosecutor to withdraw from prosecution with the consent of the Court. The Court reiterated that this power must be exercised in the interest of public justice and not for extraneous or illegitimate reasons. The Court held that the withdrawal of prosecution in this case was not justified on the grounds presented and directed that the prosecution should proceed against Dr. Jagannath Mishra and others.Conclusion:The Supreme Court allowed the appeal, set aside the order of the Chief Judicial Magistrate and the High Court, and directed that the prosecution against Dr. Jagannath Mishra and others should continue in accordance with law. The judgment underscored the importance of judicial scrutiny in the withdrawal of prosecutions and the necessity for the Public Prosecutor to act independently and in the interest of public justice.
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