LAXMAN NAMDEO GABALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a revision petition by the complainant against the order passed by the Judicial Magistrate giving his consent on the application of the Assistant Public Prosecutor, to withdraw from the prosecution which was launched by the police on the information given by the complainant against respondents Nos. 2 to 19 alleging offences Under Section 395 read with Section 34 of the I. P. C.

(2.) SOMETIME after midnight between Dec. 23 and 24, 1975, according to the charge-sheet, the accused committed dacoity in the house of the complainant and removed property such as foodgrains and other agricultural produce, household utensils and documents totally valued at Rs. 13,635/ -. It was also alleged in the charge-sheet that while committing the dacoity, the dacoits intimidated the mother and the wife of the complainant.

(3.) ON Jan. 15, 1977 the Assistant. Public Prosecutor filed an application Under Section 321 of the Cr. P. C. , 1973, seeking permission to withdraw from the prosecution on the ground that the State did not want to proceed with the prosecution.