RAIS AHMAD Vs. STATE

JUDGEMENT

(1.) THESE are three connected Criminal revisions. Criminal Revision No. 515 of 1979 has been filed by Rais Ahmad. Criminal Revision No. 536 of 1979 has been filed by Satish Kumar Gupta, Babu Lal and Vinod Kumar Arya, and Criminal Revision No. 539 of 1979 has been filed by Shri Ram. Against all these applicants Sessions Trial No. 73 of 1977 is pending before the Additional Sessions Judge, Gyanpur. The public prosecutor applied to that court on 3-8-1979 and again on 8-2-1979 for obtaining consent to withdraw the prosecution against the applicants. THESE applications were rejected by the Assistant Sessions Judge, Gyanpur, vide his order dated 2nd March, 1971. Hence these revisions.

(2.) THE facts of the case are that the Sub-Divisional Magistrate Sri Fateh Bahadur Singh along with other officials had gone in the evening of 29th October, 1974 to Gopiganj in a Jeep. When he entered the town some persons including Satish Kumar Gupta came infront of the Jeep. THEy surrounded it and started shouting slogans. THE Jeep proceeded to the Government Dispensary Gopiganj to join the farewell function which was to be held on the eve of transfer of Dr. A. N. Singh. THE prosecution case is that after the farewell party was over about 150-200 persons including the accused applicants came there and started making exhortations and shouting slogans. THEy entered the compound of the Government Hospital and shouted "Saley ko jan say mardalo". THEreafter they started throwing pieces of stones on the persons who had assembled there and also on the Jeep and the government building. It was a moon-lit night. A patromax was burning. Satish Kumar Gupta son of Panna Lal Chairman, Vinod Kumar, Rais Ahmad, Bachcha, Shiva Ram Gupta and Sri Ram Jaiswal were recognised. Babu Lal was arrested on the spot. As a result of the pelting of stones, several persons were injured and parts of the Jeep damaged. Laudhar, a peon of the Sub-Divisional Magistrate, constable Ram Prasad Singh, Daya Shankar Srivastava, Accountant Government Hospital Gopiganj and Siya Ram Dubey received injuries. THEy were medically examined. Constable Ram Prasad Singh had two injuries on his forehead. Siya Ram Dubey received injuries on his upper right face and on his right eye. Daya Shanker Srivastava also received injuries on his head. A report of the incident was lodged at police station Gopiganj. THE names of the seven accused applicants including the applicants, were mentioned in the report and also the names of the witnesses, who had seen the occurrence and recognised the culprits. After investigation charge- sheets were submitted against the five accused persons, who had filed the instant revision applications in this court.

(3.) THE principles which guide 'the discretion of the Court to give consent for withdrawal of prosecution under Section 494 CrPC (old) equivalent to Section 321 CrPC (new) has been the subject matter of a number of cases of the Supreme Court. In THE State of Bihar v. Ram Naresh Pandey, AIR 1957 SC 389 Hon'ble Jagannadhadas, J. of the Supreme Court has observed as follows :