VIKAS TANWAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) : (ORAL) 1. Present petition has been filed under Articles 226 and 227 of the Constitution of India for quashing the letter No. F14/15/2009/HG/496 dated 01st February, 2010 issued by Deputy Secretary Home(G) regarding approval for withdrawal of prosecution under Section 321 Cr.P.C. of proceedings titled as "State vs. Ram Sharan & Ors." arising from FIR No. 376/2007 registered with police station Kirti Nagar, Delhi under Sections 323/448/452/506/34 IPC as well as the order dated 20th March, 2010 passed by the Court of Ms. Shelly Arora, Metropolitan Magistrate, Delhi.

(2.) THE brief facts of the present case are that upon an application filed by the Public Prosecutor under Section 321 Cr.P.C., the Metropolitan Magistrate allowed the prosecution to withdraw FIR No. 376/2007. The relevant portion of the application filed under Section 321 Cr.P.C. is reproduced hereinbelow:

(3.) LEARNED counsel for petitioner submits that the Metropolitan Magistrate overlooked the fact that the Public Prosecutor had acted only on instructions and that too as a post office of the respondent No.2 in filing the application for withdrawal. He submits that under Section 321 Cr.P.C., the prosecution could be withdrawn only by the Public Prosecutor and that too after he had applied his own mind.