Site navigation

According to the Supreme Court's explanation in State of Kerala v. K. Ajith (28 July 2021), is a…

K. Ajith held that under CrPC s.321 (now section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023) the Public Prosecutor must independently apply his mind to whether…

Choose your answer

According to the Supreme Court's explanation in State of Kerala v. K. Ajith (28 July 2021), is a prosecutor bound to seek withdrawal merely because the Government wants the case withdrawn?

Select one answer
Answer and explanation

Correct answer B

K. Ajith held that under CrPC s.321 (now section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023) the Public Prosecutor must independently apply his mind to whether withdrawal serves public justice, and is not bound simply because the Government wants it. The court must then give its own consent after judicial scrutiny.

Practice for these exams

Related exam syllabi

Related questions in this topic