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In Abdul Wahab K. v State of Kerala (2018), could the High Court dismiss the serious revision petitions…

In Abdul Wahab K. the Supreme Court held that the High Court could not brush aside serious, non-frivolous revisions against an order permitting withdrawal from prosecution…

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In Abdul Wahab K. v State of Kerala (2018), could the High Court dismiss the serious revision petitions challenging withdrawal from prosecution merely by treating the petitioners as strangers to the criminal case?

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Correct answer B

In Abdul Wahab K. the Supreme Court held that the High Court could not brush aside serious, non-frivolous revisions against an order permitting withdrawal from prosecution by calling the petitioners strangers. The withdrawal orders were set aside and the application under CrPC s.321 (now section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023) was remitted for fresh consideration; the judgment decided nothing about guilt.

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