https://www.taxtmi.com/caselaws?id=385398 An application made under Section 169 CrPC could not be treated as one under Section 321 CrPC because the provisions operate in distinct fields, at different stages, and with different legal consequences. Section 169 applies during investigation where evidence is insufficient, while Section 321 concerns withdrawal from prosecution by the Public Prosecutor with court consent. The Court held that the Magistrate's order releasing the accused on the basis of Section 169 suffered from a misconception of law and was therefore illegal. The release order was quashed, the prosecution was permitted to proceed, and further consideration of bail was left to the Special Court. en-us Mon, 04 Mar 2019 00:00:00 +0530 Thu, 05 Sep 2019 07:28:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=385398 An application made under Section 169 CrPC could not be treated as one under Section 321 CrPC because the provisions operate in distinct fields, at different stages, and with different legal consequences. Section 169 applies during investigation where evidence is insufficient, while Section 321 concerns withdrawal from prosecution by the Public Prosecutor with court consent. The Court held that the Magistrate's order releasing the accused on the basis of Section 169 suffered from a misconception of law and was therefore illegal. The release order was quashed, the prosecution was permitted to proceed, and further consideration of bail was left to the Special Court. Case-Laws Indian Laws Mon, 04 Mar 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=385398