STATE OF PUNJAB versus SURJIT SINGH & ANOTHER

STATE OF PUNJAB versus SURJIT SINGH & ANOTHER

A Public Prosecutor who is not in charge of the prosecution in a case instituted upon a private complaint cannot file an application for withdrawal under section 494 CrPC.

Parties
Appellant: State of Punjab; Respondent: Surjit Singh; Complainant: Harnek Singh
Jurisdiction
India
Judgment Date
06 January 1967
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated December 20, 1965 of the Punjab High Court in Criminal Revision No. 671 of 1965
Outcome
Appeal dismissed
Legal Topics
Withdrawal of Prosecution, Role of Public Prosecutor, Section 494 Cr PC
Criminal Law Withdrawal of Prosecution Role of Public Prosecutor Section 494 Cr PC

Case Brief

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Parties

State of Punjab

Appellant

Surjit Singh

Respondent

Harnek Singh

Complainant

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated December 20, 1965 of the Punjab High Court in Criminal Revision No. 671 of 1965

Legal Issues

  1. 1 Whether a Public Prosecutor not in charge of a privately instituted complaint can file an application for withdrawal of prosecution under section 494 CrPC

Ratio Decidendi

A Public Prosecutor who is not in charge of the prosecution in a case instituted upon a private complaint cannot file an application for withdrawal under section 494 CrPC.

Court Disposition

Appeal dismissed

Orders

  • The view of the High Court that such a Public Prosecutor is not entitled to file an application for withdrawal is perfectly correct.
  • Complaint filed by the first respondent to be proceeded with.