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    <title>2005 (2) TMI 851 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=183455</link>
    <description>Inherent jurisdiction under Section 482 of the Code of Criminal Procedure cannot be used to quash an FIR and criminal proceedings merely because the State states that it intends to withdraw the prosecution. A proposed withdrawal under Section 321 must be considered independently by the trial court in accordance with law, and the High Court cannot bypass that statutory process by acting on the State&#039;s statement alone. A further direction restraining the police and Magistrate from prosecuting the accused exceeded the High Court&#039;s jurisdiction. The impugned quashing orders were therefore unsustainable and were set aside, with the criminal proceedings restored subject to any withdrawal application being dealt with by the competent court.</description>
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    <pubDate>Tue, 22 Feb 2005 00:00:00 +0530</pubDate>
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      <title>2005 (2) TMI 851 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=183455</link>
      <description>Inherent jurisdiction under Section 482 of the Code of Criminal Procedure cannot be used to quash an FIR and criminal proceedings merely because the State states that it intends to withdraw the prosecution. A proposed withdrawal under Section 321 must be considered independently by the trial court in accordance with law, and the High Court cannot bypass that statutory process by acting on the State&#039;s statement alone. A further direction restraining the police and Magistrate from prosecuting the accused exceeded the High Court&#039;s jurisdiction. The impugned quashing orders were therefore unsustainable and were set aside, with the criminal proceedings restored subject to any withdrawal application being dealt with by the competent court.</description>
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      <pubDate>Tue, 22 Feb 2005 00:00:00 +0530</pubDate>
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