DIPAK MISRA,CJI. - (1.) The 4th respondent faced a criminal proceeding for offences punishable under Sections 195A and 506 of Indian Penal Code. During the pendency of the criminal case, a petition was filed by the Public Prosecutor to withdraw from the prosecution. The learned Chief Judicial Magistrate vide order dated 04.01.2012 allowed the application and permitted the Public Prosecutor to withdraw from the prosecution.
(2.) The said order was assailed by the appellant herein, in Criminal Revision Petition Nos.2020 and 2021 of 2012. It was contended before the High Court that the learned Chief Judicial Magistrate totally ignoring the controversy involved in the case has passed the impugned order and that apart, he has not remained alive to the exercise of jurisdiction under Section 321 of the Code of Criminal Procedure (for short, 'the CrPC'). The Court referred to the decisions in Sheo Nandan Paswan v. State of Bihar, AIR 1987 SC 877, Peoples Union for Civil Liberties (Delhi) v. Central Bureau of Investigation and others, 1997 Cr.L.J 3242, State of Kerala v. Vijayakumar, Crl.R.P. No. 3543 of 2008 and Rajender Kumar Jain v. State of Bihar, AIR 1980 SC 1510 and came to hold that the consent to withdraw from the prosecution would jeopardize the public interest and public policy. The Division Bench further opined that a criminal proceeding is not a proceeding for vindication of a private grievance but it is a proceeding initiated for the purpose of punishment to the offender in the interest of the society. The objective being maintenance of stability and orderliness in the society, private interest will not come into picture. The punishment of the offender in the interest of the society is one of the objects behind the penal statute enacted for the larger good of the society. After so holding, the High Court held that the consent of the court is a pivotal factor under Section 321 CrPC. It indicates that the entire process is the result of a complaint and variety of considerations such as gravity of the crime, the effect of withdrawal from prosecution and the public confidence in the entire system. The public interest and the public policy are dominant features as the objectivity displayed by the prosecution in making such application has serious impact on the society. Though the nature of the offence cannot be a valid ground for rejecting the application for withdrawal from prosecution, yet it is the duty of the court to appreciate all the grounds which prompted the prosecution to seek withdrawal from the case. A holistic approach is required rather than adherence to a particular reason. The application for withdrawal expresses the independent mind of the Public Prosecutor. The broad perspective is that public justice underlines the entire philosophy contemplated under Section 321 CrPC. The action of the Public Prosecutor in applying the mind is not only to expose its just nature but there must also be reasonableness, as the prosecutor has to keep in mind the interest of the society against which the wrong is alleged to have been committed.
(3.) After observing as aforesaid, the Division Bench of the High Court dealt with the principles stated in Sheo Nandan Paswan (supra) in detail, addressed to the grievance put forth in the FIR, the charges made against the accused persons and came to hold:- "In the above case neither an offence under Section 195 nor an offence under Section 506 IPC is made out. If the material on record upon which the prosecution was based reveals that no purpose would served even if the trial commenced in the right direction, such prosecution could be allowed to withdraw provided no other ulterior motive is pointed out. As a matter of fact, in the process of administration of criminal justice it is said; withdrawing from prosecution can also be treated as to sub serve administration of justice. The decision of the prosecutor to prosecutre the offenders to proceed further with the prosecution already launched, is a decision after thorough examination of material leading to such responsible decision. The court has to see whether application is made in good faith in the interest of public policy and justice while doing the exercise it has to see it would lead to manifestation of injustice by granting such consent. Once court concludes that the application is properly made and there is independent consideration of the matter by the public prosecutor and he has acted in good faith in exercising discretion vested on him, the court should allow from such withdrawal." And again:- "Neither complainant nor charge sheet witness has any locus standi in the exercise of discretion of the Public Prosecutor to withdraw from the prosecution. If a citizen who has some concern deeper than that of a busybody, the door of the court will be kept ajar from him. He cannot be turned away at the gates. If the issue raised by him is justifiable, may still remain to be considered. However if it is merely a question to be gone into and examined in criminal case, registered against accused persons, it is for them and they alone to raise such questions and challenge the proceedings initiated against them at the appropriate time before the proper forum and for third parties under the grab of public interest litigant. A person who is acting bonafide and having sufficient interest in the proceedings alone can initiate Public Interest Litigation and that the Court must allow its process to be abused for oblique consideration. Criminal law should be allowed to be used as a weapon of vendetta between private individuals." Disposing of the revision petitions, the High Court further proceeded to state:- "The petitioners are de facto complainants, they are only third parties. In both the petitions, petitioners have nothing to do with the complaint, as the complaint is a private complaint. When de facto ocomplainant is questioning, how a third party can question and what is their interest in forthcoming. From reading of the entire material as stated above, it is crystal clear that there was justification on the part of the court below in permitting the prosecutor to withdraw from the prosecution and so far as the revision petitioners, they are totally strangers to the litigation and have no locus standi to question the same.";