VISHAVAJEET & 39 OTHERS Vs. STATE OF UTTARANCHAL THROUGH SECRETARY HOME (SECTION 2), UTTARANCHAL, DEHRADUN

JUDGEMENT

(1.) THIS revision is directed against order dated 05.06.2002, passed by Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 58 of 2002, whereby said court has rejected the application moved on behalf the state to withdraw the prosecution.

(2.) BRIEF facts, of the case, are that a murder of one Anil Mandal is said to have been committed within the limits of Police Station Rudrapur, in respect of which crime no. 1007 of 2000, was registered against certain accused(not revisionists). It appears that during investigation the public was agitating on account of commission of murder of Anil Mandal on 09.10.2000. It is said some 800- 900 members of public armed with 'LATHIS' and 'DANDAS' came on the street to press the arrest of the culprits, and in doing so, police personnel received injuries and the police vehicle also got damaged. It is this incident which was registered as crime no. 1009 of 2000, in which forty present petitioners were made accused by the police, and charge sheet was filed. After committal, Sessions Trial No. 58 of 2002, was registered in said case, and application 6A was moved by the prosecution, through District Government Counsel (Criminal) (for short D.G.C. Crl.) seeking permission to withdraw the case. The trial court rejected the application on the ground that it is not mentioned in the application that it was moved in the public interest.

(3.) BEFORE further discussion, this Court thinks it just and proper to mention the relevant provision of law applicable to the case. Section 321 of Cr.P.C., reads as under:-