LI Network
Published on: February 6, 2024 at 10:23 IST
The Andhra Pradesh High Court has issued an interim order emphasizing that a public prosecutor, while entitled to file an application under Section 321 of the CrPC for withdrawing prosecution, must independently decide whether to proceed with the withdrawal of prosecution against an accused.
The Division Bench, comprising Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao, passed the order in response to a petition challenging a Government Order (G.O.) issued by the State of Andhra Pradesh.
The G.O. in question directed the Director General of Police to instruct the Public Prosecutor/Assistant Public Prosecutor to file a petition under Section 321 of the CrPC for withdrawing prosecution against numerous individuals involved in protests following the name change of Konsaseema District in May 2022.
The protests reportedly escalated to include attacks on police personnel and the burning of a Minister’s house.
The petitioner, Dr. B.R. Ambedkar Jilla Sadhana Sammiti, argued that the power to withdraw prosecution exclusively lies with public prosecutors, and government interference is neither envisioned nor warranted.
The petitioner contended that the G.O. could compromise the independence of the prosecution in determining the suitability of withdrawing a case.
In response, the State argued that the issuance of a directory G.O. does not invalidate the power exercisable by the Public Prosecutor under Section 321 of the CrPC.
The High Court, in its interim order, directed that despite the issuance of the G.O., the principles outlined by the Apex Court would be followed. It affirmed that the Public Prosecutor retains the right to make an independent decision on whether to withdraw prosecution or not.
The matter is scheduled for further consideration on 14th February 2024.