https://www.taxtmi.com/caselaws?id=314144 Under Section 321 CrPC, the Public Prosecutor retains control over whether to pursue or abandon an application for withdrawal from prosecution until consent to withdraw is actually sought from the court. An application stating that the earlier request will not be pressed is not a review of any judicial order and does not attract Section 362 CrPC. The Magistrate could accept that withdrawal, the accused had no statutory locus to contest the prosecutor's choice at that stage or invoke Section 91 for that purpose, and the High Court's remand order was unsustainable. The criminal proceedings were therefore to continue in accordance with law. en-us Fri, 05 Feb 2016 00:00:00 +0530 Mon, 20 May 2024 18:36:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314144 Under Section 321 CrPC, the Public Prosecutor retains control over whether to pursue or abandon an application for withdrawal from prosecution until consent to withdraw is actually sought from the court. An application stating that the earlier request will not be pressed is not a review of any judicial order and does not attract Section 362 CrPC. The Magistrate could accept that withdrawal, the accused had no statutory locus to contest the prosecutor's choice at that stage or invoke Section 91 for that purpose, and the High Court's remand order was unsustainable. The criminal proceedings were therefore to continue in accordance with law. Case-Laws Indian Laws Fri, 05 Feb 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314144