BALWANT SINGH Vs. STATE OF CG

JUDGEMENT

(1.) BY the impugned order dated 25-11 -2002 passed by Shri Gautam Chouradia, Additional Sessions Judge, Sakti, the application under Section 321 I.P.C. filed by the Assistant Public Prosecutor for withdrawal from prosecution was rejected.

(2.) BRIEF facts are that on 5-11-1995, Khursoram Dewangan was proceeding from Hirapur to Mirauni. On way, he was laid by the applicant- Balwant Singh and some other persons. Khursoram was assaulted and both his eye balls were removed with a knife. On his report, an offence under Section 147,148,149,307 and 120-B I.P.C. was registered in crime No. 226/95 at P.S. Dabhra. In sessions Case No. 127/99 charge under Section 148 & 307 read with Section 149 I.P.C. was framed against the applicant on 14-7-1999.

(3.) SHRI Ashish Shukla, learned Govt. Advocate and Shri Nande, learned counsel appearing for the coplainant raised a preliminary objection that accused- applicant Balwant Singh has no locus standi to file this criminal revision since it was the State of Chhattisgarh which was aggrieved by the impugned order which did not prefer any revision against the order dated 25-11 -2002.