SUBHASH CHANDER v. STATE (CHANDIGARH ADMN.) & ORS (2)

Citation: [1980] 2 S.C.R. 44

Court: Supreme Court of India

Bench: V.R. KRISHNA IYER, R.S. PATHAK

Case summary

--What constrains us to explain at some length our reasons for rejection of leave to appeal in this case; is the desideratum that every executive challenge to justice-in-action is a call to the court to strengthen public confidence by infusing lunctional freshness into the...

Judgment text

A SUBHASH CHANDER v. STATE (CHANDIGARH AD. MN. ) & ORS. November 15, 1979 (V. R. KRISHNA IYER AND R. 'S. PATHAK, JJ. ] Criminal Procedure Code, Sections 321, 494-Scope of. . The petitioner alleged that his house had been burgled and lhat many valuable" were lost. "fhe police recovered the property. Eventually, charges were also framed by the trial court against two other persons who were said to be collaborators. During the pendency of the criminal case, the Asstt. Public Pr0$CCUlor applied for withdrawal from prosecution under section 321, Cr. P. C. on the ground that on fresh investigation by a senior officer the alleged search and seizure were discovered to be a frame-up by the concerned police officer in ordcc to pressurise the accused to withdraw a certain civil litigation. The court re. quired a fuller application, the Assistaot Public Prosecutor made a fresh and more detailed petition for withdrawal which was eventually granted by tho trial court, dc.

be forgotten but must be restored to the extent possible. The petition is rejected. N. K. A. Petition dismissed.