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Supreme Court of India 2016-02-05 allowed

V.L.S. Finance Ltd vs S.P. Gupta & Anr

Bench: 2 — Dipak Misra

In Brief

A company and its director filed criminal cases against S.P. Gupta in 2000 for alleged fraud and criminal misappropriation. After a decade of procedural battles, a government screening committee recommended withdrawal of prosecution, and the Assistant Public Prosecutor filed a withdrawal application under Section 321 of the Code of Criminal Procedure. However, upon re-examination, the government directed the Public Prosecutor to not press the withdrawal application, and he filed an application to withdraw it. The High Court set aside this decision and remitted the matter to reconsider, granting the accused permission to file documents. The Supreme Court held that the Public Prosecutor has independent authority to file an application to not press an earlier withdrawal application without court interference, and the accused has no standing to contest it. The Court set aside the High Court's order and allowed the case to proceed on merits.

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Criminal Procedure Withdrawal of Prosecution Public Prosecutor Abuse of Process Constitutional Law

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