T ANANDRAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner who was the complaint in the trial Court under S. 397, Cr. P.C. against the order dated 7-11-1990 passed by the J.M.F.C. II Court, Hubli, in C.C. No. 2067 of 1986.

(2.) I have heard the learned counsel for the petitioner and the learned Government Pleader for respondent 1 and the learned counsel for respondents 2 to 8 and 10.

(3.) The petitioner filed a complaint in the Subarban Police Station, Hubli, which came to be registered at P.R. No. 190/86. Respondents 2 to 10 also filed a counter-complaint. The police filed a charge-sheet against respondents 2 to 10. After investigation of the complaint of the petitioner, a case was registered at C.C. No. 2067 of 1986 in the Court of the I Judicial Magistrate, Hubli, for the offences under Ss. 143, 147, 148, 504, 427 read with S. 149, I.P.C. The evidence was also taken. On 7-11-1990, the Assistant Public Prosecutor who was in charge of that case filed Memo under S. 321, Cr. P.C. stating that the Government has instructed him to withdraw the prosecution on administrative grounds as well as in the interest of public welfare or interest. The learned Magistrate by his order dated 7-11-1990 permitted the prosecution to withdraw the case and acquitted respondents 2 to 10. It is this order that is challenged by the petitioner-complainant in this case.