LexSHEONANDAN PASWAN versus STATE OF BIHAR
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
61
SHEONANDAN PASWAN
v.
STATE OF BIHAR & OTHERS
December 16, 1982
(V. D. TULZAPURK~R, BAHARUL ISLAM AND R. B. MISRA JJ.)
A. Nol/es Prosequi-Nature and scope of power under section 321 of
the Code of Crlmi11al Procedure, 1973 -
In th• discharge of his
duties, whether a public Prosector, who is always instructed by the
Govtrnment can he said to be fret and independent.
B.
Special Pilb/ic Prosecutor, appointment of.:._Appointment of Special
Public Prosecutor to conduct the case in question without cancelling
the appointment of an earlier appointee:.._Competency of the latter
appointee applying for wilhdrawal of the case, Code of Criminal
Procedure, 1973, S•cti•ns 24 (8) and 321.
C. 'Code of Criminal Procedure. 1973-Section 321- Grounds /or
withdrawal from prosecution-Whether the grounds like (a) imp/i ..
cation of the accussd as a result of personal and political vendetta.
(b) inexpediency of prosecution for reafon1 of State and Public
A
B
c
D
policy. and ( c) adver1e c!!ects which the continuance <?f prosecution
B
will bring on public interest etc. would be .relevant for withdrawing
from the prosecution.
D. Nol/es Prosequi -
Accused charged with offences of ·criminal
misconduct and forgery-Permission to withdraw on an application
made on the ground of lack or prospect of successful prosecution
in the light of the evidence on record-High Court confirming the
said order-Interference by the Supreme Court under Article 136.
After obtaining the requisite sanction from the Gc1vernor on 19th
February, 1979, a chargesheet in Vigilance P. S. case no. 9 (2) 78 was filed by
the State of Bihar against Respondent No 2 (Dr. Jagannath M!Shra), Respondent
no. 3 (Nawal Kishore Sinha), Re•pondent no. 4 (Jiwanand Jha) and three
others {K. P. Gupta since dece!l-sed, M.A. Haidari and A. K, Singh Who later
became approvers) for offences under Sections 4201466/471/109/120-B 1.P.C.
, and under Section 5 (!) (a), 5 (!) (b) and 5 (!) (d) read with Section 5 (2) of the
Prevention of Corruption Act, 1947. Inter alia, the gravamen of the charge
against the respondent no. 2, was that all times material he was either a
Minister or the Chief Minister of Bihar and in
'1tha~ capacity by corrupt and
or iHega! means or by otherwise abusing his position as a public servant, be, in
conspiracy with the other accused and with a view to protect Nawal Kisbore
Sinha~ in particular, sought to subVert criminal prosecution and surcharge
'
G
H
A
B
c
D
E
G
B
62
SUPREME COURT REPORTS
(1983] 2 s.c.a,
prccc<dings ataivst Nav.al Ki~tcire SiDba and others, and either obtained for
himself er cor.feritd en tbcm pecuniary advantage to the detriment of Patna.
Urban Cc-operative Bark, its n:crr.bcrs, depositors and creditors and thereby
ccmmittcd the c·ff<nce of criminal misconduct under Section 5 (1) (d) read with
S<cticn S (2) c.f the Prevention of Conuption Act, 1947 and in that process
ccrrrnittrd the otl:cr cff<r::ccs si:ccifird in the charfe-shc:ct, {ncluding the offences
of for[cry 11ndfr srcHcn 4!6 I.P.C. Crgniz2ncc cf the case was taken on 21st
Nc.,tn.ber, 1979 by the learned Chief Judicial Magistratc-cum·Special Judge
(Vigilanct) Pall a, who i~flUCd precess against the accused, but before the trial
ccamel!ctd 1l:e ·Sta1c Gcvcniment, at the instance of Respondent no. 2, who
in 1he n::cavtime had ccme 10 power and had become the Chief Minister; took a
decisicn in February 1981 to witl:ldraw frcm t:he prosecution for reasons of
State and Public Policy. Though initially Shri Awadesh Kumar Dutt, Senior
Advocate Patna High Court, bad been appointed as a Special Public Prosecutor
by lhe previous Go,·ernment for conducting the case, the State Government
(now beaded by Respondent no. 2) without canceIJing Sbri Dutt's appointment
as Special Public Prosecutor, on 24th February 1981 constituted a fresh panel
of lawyers for conducting cases pertaining to Vigilance Department. Sri Lalan
Prasad Sinha, one of the Advocates so appointed on the fresh panel was allotted
the said case and was informed of the Government's said decision and on 26th
March, 1981, be was further requested to take steps for withdrawal of the case
after he bad conSiclerrd the matler and sath.fied himself about it. On 17th June,
1S8J, Sri La1an Prasad Sinha made an application under Section 321 Crl. P.C.
1973 to the Special Judge seeking permission to withdraw from the prosecution
of Respondent Nos. 2, 3 and 4 in the. case on fExcerpt shown. Read the full judgment & AI analysis in Lexace.