In Brief
Abdul Wahab K challenged the withdrawal of criminal prosecution against a fourth respondent under Section 321 CrPC. The trial court allowed the Public Prosecutor's withdrawal application, and the High Court dismissed the appellant's revision petition on grounds that he was a stranger to the proceedings lacking locus standi. The Supreme Court allowed the appeal, holding that while the Public Prosecutor has power to withdraw, both he and the trial court must independently apply their minds and carefully consider whether withdrawal serves public interest and justice. The Court found the Prosecutor acted merely as a post office and the trial court failed to apply the statutory test. The matter was remitted for reconsideration."
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