(1.) The present petition under Section 482 of CrPC has been preferred by the State assailing the order dated 29.9.2012 passed by the Additional Sessions Judge, Sarangarh, District Raigarh in Criminal Revision No.39 of 2012.
(2.) Vide impugned order dated 29.9.2012, the learned Revisional Court had rejected the revision petition preferred by the State Government against the order dated 25.7.2012 passed by the Judicial Magistrate First Class, Sarangarh in Criminal Case No. 137 of 2003, whereby the learned Magistrate has refused to give consent under Section 321 of CrPC to the prosecution for withdrawal of the prosecution cases against the accused persons.
(3.) Brief facts relevant for the adjudication of the present case is that an FIR was lodged at the instance of the complaint made by the CEO of Janpad Panchayat, Baramkela in respect of embezzlement in collection of food grains from the Fair Price shop of Village Bar in Block Baramkela. As per the case of the prosecution it was found that around 791.97 quintal of grains were lifted on the basis of fake coupons said to have been created by the Respondents and other accused persons, on the basis of which an FIR was lodged and in the course of investigation also the allegations in the FIR were found to be correct and the case was registered against the respondent-accused and the matter was put to trial vide Criminal Case No.137 of 2003 before the Court of Judicial Magistrate First Class, Sarangarh.