T C THIAGARAJAN ACCUSED Vs. STATE

JUDGEMENT

(1.) THIS revision deals with an important question with reference to the withdrawal of cases by the public Prosecutor

(2.) THE facts in this case are that the Inspector of Police, Thiruvottiyur filed a charge-sheet against the petitioner herein under Sections 341, 323, 427 and 506(ii) I.P.C. and the case was numbered as C.C. No. 605 of 1978. THE case was taken up and the prosecution closed its evidence. THEreafter, the case was posted for examination of defence witnesses. THE Assistant Public Prosecutor II at that stage filed a memo for withdrawal of C.C. No. 605 of 1978 against the petition herein the view of G.O.Ms. No. 216 Public (Law and Order-B) Department Dt. 25-1-1980. On 4-10-1980 A.P.P. II file the following memo which is as follows :-

(3.) TO repeat the facts again, the petitioner herein was working as a worker in Madras Rubber Factory. He was the Joint Secretary of the Labour Union. P.W. 1 was working as a vehicle driver in the factory. There was a strike by the workers in the Factory. While there was a strike P.W. 1 was carrying on his work as a driver. The allegation is, that while P.W. 1 was working, he was threatened and his shirt was torn by the petitioner, in and by which P.W. 1 lost his watch. This has resulted in P.W. 1 lodging a complaint which has led to the filing of the above case before the Magistrate. After the witnesses were examined, A.P.P. II filed the memo mentioned supra before the Court, for the withdrawal of the case keeping in view the contents of G.O.Ms. No. 216 Public (Law and Order-B) Department Dt. 25-1-1980 which is as follows :-