ISSUE:
Whether the Supreme Court can go into a detailed inquiry into the facts and evidence of a case during the revision of a consent order under Section 321 of the Code of Criminal Procedure, 1973 (“Code”)?
Whether a consent order under Section 321 of the Code can be appealed against?
RULE:
Appeal against a consent order under Section 321 of the Code, which deals with withdrawal from prosecution, is not possible.
While revision of a consent order is possible under Section 397 of the Code, the court cannot go into a detailed inquiry into the facts and evidence of the case.
During revision, the court considers the materials only to satisfy itself about the correctness, legality and propriety of the findings in the order or judgement.