Public Prosecutor Cannot Just Act As Per Instructions Of Govt, Must Apply Mind Before Withdrawing Case: Kerala High Court

The Kerala High Court ruled that a Public Prosecutor must independently apply their mind before withdrawing a prosecution, even if directed by the government. The case involved a prosecution withdrawal directed by the state government, which the Public Prosecutor complied with without independent consideration. The court emphasized that the Public Prosecutor’s role is to ensure justice and not merely follow government directives. This ruling reinforces the independence of the prosecutorial function and the need for objective decision-making in criminal cases.