Sheonandan Paswan v. State of Bihar

Facts

• A murder prosecution was pending. The State Government directed the PP to withdraw.
• The PP applied for withdrawal under S.321 CrPC (now S.321 BNSS equivalent).
• The victim's family opposed, alleging political motivation.

Issue

1. Whether withdrawal of prosecution by PP requires independent judgment and court satisfaction.

Held

• The PP must exercise independent judgment in seeking withdrawal; it must not be mechanical compliance with government direction.
• The court must be satisfied that withdrawal serves public interest and is not motivated by extraneous considerations.
• The PP is an officer of the court, not a government mouthpiece.
• Court may refuse consent if withdrawal appears politically motivated.
• Withdrawal is not the PP's right but requires judicial permission.

Ratio Decidendi

The PP serves dual masters: the State that appoints them and the court they serve. But when these interests conflict, the duty to the court prevails. The PP's independence ensures that criminal prosecutions are not abandoned for political convenience.