PANKAJ DEO MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The Instant revision has been filed against the order dated 10-8-2001 passed by the then 1st Additional Sessions Judge Bahralch in Sessions Trial No. 260 of 1994 (State of U.P. v. Pankaj Deo Mlshra and others) whereby the permission to withdraw the case under Section 321 ef the Criminal Procedure Code was refused by the learned trial Judge.

(2.) The sessions trial in question was pending before the Court below in which charge against the accused had been framed on 23rd April 1997. The public prosecutor first moved an application Paper No. 45B and when It was opposed to another application was moved as Paper No. 59B and request was made by the public prosecutor for withdrawal of the case in view of the sanction accorded by the Government in this regard and that eye witnesses were not supporting the prosecution. The request made by the public prosecutor has been rejected by the Court below on the ground tfcat there is a cross case of the same incident which is still pending for trial and no sanction for withdrawal has been accorded by the Government for cross case. The complainant is an Advocate who has received fire arm injury and he wants to prosecute the, case. Further it has been observed by the Court below that it is wrong to allege that the witnesses were not supporting the prosecution since they were not produced before the Court below so far and hence it could hot be presumed that they were not going to support the prosecution.

(3.) Heard the learned counsel for the parties and gone through the record.