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Report No. 142

9.23. Commentary.-

The Competent Authority has to exercise his discretion having regard to all the circumstances and it would be counter-productive to require him to reproduce all the submissions urged by the concerned parties and to deal with the same as if he was writing a judgment. It would be sufficient to mention the brief reason which operates on his mind in appropriate cases for the sake of the appropriate functioning of the scheme. The submissions also should be only on the aspect indicated hereinabove and the submissions should be circumscribed to the aforesaid extent lest the very purpose of the scheme is defeated.

The public prosecutor has to be heard so that the relevant aspects which require consideration from the point of view of the prosecution are at the disposal of the Competent Authority for the sake of fair disposal. So also the aggrieved party should have an opportunity to place his point of view for the sake of fairness so that he feels that he has brought to the notice of the Competent Authority the relevant aspects.



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