STATE OF U. P. Vs. RAKESH KUMAR VEMRA

JUDGEMENT

(1.) Heard Mr. Anurag Varma, learned Additional Government Advocate, on behalf of revisionist-State, as well as Mr. Sunil Kumar Singh, learned counsel for respondent, and gone through the entire record.

(2.) This criminal revision under Sec. 397(1)/497 CrPC has been filed on behalf of the State having been aggrieved by the order dtd. 10/1/2020 passed by the Special Judge, M.P. M.L.A./Additional Sessions Judge, Court No. 5, Pratapgarh in Criminal Case No.2 of 2017, arising out of Crime/FIR No.0356 of 2016, under Sec. 143, 341 and 186 IPC lodged at Police Station Raniganj, District Pratapgarh, rejecting the application filed by the Public Prosecutor under Sec. 321 CrPC.

(3.) The learned trial Court has rejected the said application on the ground that the Public Prosecutor filed the application after the State Government passed an order for withdrawal from prosecution in the said case. The Public Prosecutor, in the application, had not mentioned that what facts and evidence he had considered to come to conclusion to that effect and, he had only mentioned that the order passed by the Government for withdrawing from prosecution was completely legal and in the interest of justice and, he agreed with the decision of the Government having been satisfied himself and from perusal of the record.