GOVIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are the original accused in C.R. No. 14/2003 registered with Police Station, Bhokar, Dist. Nanded for the offence punishable U/Section.s. 352, 353, 332, 189, 294, 504, 506 read with 34 of the Indian Penal Code, 1860. The investigating agency after completion of its investigation, filed Charge-Sheet before the Court and case is registered as R.C.C. No.349 Of 2003. G.A.Ghule (P.A.)

(2.) In the said Criminal Case, Charge was framed against the present applicants for the offences punishable U/Section.s. 353,189, 294, 504, 506(2) read with 34 of the Indian Penal Code, 1860. The prosecution has examined one witness in support of its case. During pendency of said trial, the present applicants approached the Government for withdrawal of prosecution U/Section 321 of the Code of Criminal Procedure, 1973. The said statement of fact is made in paragraph No.2 of the present Criminal Application that the Government Authorities after applying the mind and after considering the nature of the offences, by order dated 25th January, 2005 passed an order of withdrawal of the prosecution. The said order is at Exh. A on record.

(3.) It appears that on the basis of said order dated 25/01/2005, the learned Addl.P.P for the State on 28th March, 2012 moved an application U/Section 321 of the Code of Criminal Procedure, 1973 and requested the court that permission be granted to withdraw R.C.C. No.349 Of 2003. Obviously, no objection was given by the present applicants, who are accused in CR No.14/2003.