3) Withdrawal of cases against accused should be the sole prerogative of the state. Critically examine in light of various judicial pronouncements.

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Topic: Separation of powers between various organs,

3) Withdrawal of cases against accused should be the sole prerogative of the state. Critically examine in light of various judicial pronouncements. (250 Words)

The Indian Express

 

Why this question:

This issue has recently received lot of media attention, courtesy developments in UP. Moreover, the Allahabad HC verdict rekindles the debate over Section 321 of CrPC. Hence, the issue becomes important.

Key demand of the question:

The question is asking us to examine whether Section 321 of CrPC makes sense legally, constitutionally, practically. The question is also asking us to focus more on the various judicial pronouncements on the subject to examine the statement.

Directive word

Critically examine – We have to provide arguments for

  • Withdrawal of cases should be the prerogative of state
  • Withdrawal of cases should not be the prerogative of state

Structure of the answer

Introduction – Mention Section 321 of CrPC and the debate over it.

Body – Mention the HC judgment on the issue. Then examine the main issues that have been raised by the judgment

  • Role of state
  • How far can judiciary reinterpret Section 321
  • Separation of power etc

Thereafter present your argument under broad heads like Legal, Constitutional etc. Here, mention the judgments of SC in support of your argument.

Conclusion – Mention your stand and why you think so.