SHIV CHARAN KASHYAP Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A. G. A. for the State.

(2.) The applicant by means of this application under Section 482 Cr. P. C. has invoked the inherent jurisdiction of this court with the prayer to set aside the order dated 13.10.2009 passed by the Additional Chief Judicial Magistrate-IInd, Bareilly in Case No. 1805 of 2006; State of U. P. Versus Shiv Charan Kashyap, arising out of Case Crime No. 867 of 2003, under Sections-147, 148, 143, 144, 336, 427, 323, 352, 353 and 504 IPC and Section-7 of Criminal Law Amendment Act and Sections-3/4 of Protection of Damages to Public Property Act, P. S.-Cantt., district-Bareilly rejecting the application moved by the A. D. G. C. (Criminal) while disposing of the application under Section 321 Cr. P. C. A further prayer has been made to set aside the order 25.4.2011 passed by the Additional Sessions Judge-III, Bareilly in Criminal Revision No. 331 of 2009; Shiv Charan Kashyap Versus Sate of U. P.

(3.) It appears from the perusal of the material brought on record that the applicant is facing trial for the offence allegedly committed by him punishable under Sections-147, 148, 143, 144, 336, 427, 323, 352, 353 and 504 IPC and Section-7 of Criminal Law Amendment Act and Sections-3/4 of Protection of Damages to Public Property Act in Case no. 1805 of 2006. The state government on the application moved by the applicant before it vide Government Order dated No. 517W-C/7-Nyay-5-2018-59-W-C/2008 dated 25.2.2009 permitted for withdrawal from prosecution of the applicant under Section-321 Cr. P. C. Thereafter the D. G. C. (Criminal) moved an application under Section 321 Cr. P. C. on 27.3.2009 before the Additional Chief Judicial Magistrate-IInd, Bareilly with a prayer to withdraw from the prosecution of the applicant, copy whereof has been annexed as Annexure 3 to the affidavit filed in support of this application. The Additional Chief Judicial Magistrate-II, Bareilly vide his order dated 13.10.2009 rejected the aforesaid application, copy whereof has been annexed as Annexure 4 to the affidavit. Aggrieved by the order dated 13.10.2009 passed by the Additional Chief Judicial Magistrate-II, Bareilly the applicant preferred Criminal Revision No. 331 of 2009 before the Sessions Judge, Bareilly which was transferred for disposal before the Additional Sessions Judge, Court No. 3, Bareilly and dismissed by him vide his order dated 25.4.2011, copy whereof has been annexed as Annexure 5 to the affidavit filed in support of this application.