STATE OF CHHATTISGARH, Vs. CHINTARAM CHANDRAKAR

JUDGEMENT

(1.) The present petition is against the order dated 29.01.2015 whereby the application to withdraw from the prosecution was dismissed by the Judicial Magistrate, First Class- Durg, and was affirmed by the Additional Sessions Judge, Durg.

(2.) Perusal of the order of Additional Sessions Judge, Durg would show that the Court has observed that on the printed proforma by filling the blanks the application for withdrawal was filed which prima-facie shows that there was no application of mind by the public prosecutor. The State counsel after perusal would submit that they may be given liberty to move a duly constituted application before the Court below if desired, so that the law laid down by the Supreme Court in AIR (2014) SC 3437 is complied with apart from the law laid down by the Court in Cr.M.P. No. 223/2014.

(3.) Perused the documents and application for withdrawal filed by the prosecution. From the perusal it appears that it was in the printed proforma with fill in the blanks. The same do not satisfy the concious of this Court for withdrawal. Under these circumstances, the petition is disposed of with liberty to the State to file duly constituted application under Section 321 of Cr.P.C. if they so desire and do not want to prosecute the case and want to withdaw from the prosecution.