NITIN RAMESH KHAIRNAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) When the matter is called out, no one else appeared on behalf of applicant and respondent No. 2 - Chief Officer, Municipal Council, Amalner. Learned APP for respondent No. 1 is present. It is to be noted that the present application is pending since year 2006 for the relief against the impugned order passed by the learned Judicial Magistrate, First Class, Amalner, below Exhibit-37 in RCC No. 18 of 2003. In view of seniority of the matter, I find it justifiable to proceed further to adjudicate the present application on merit in absence of applicant and respondent No. 2. Therefore, with able assistance of learned APP I proceeded further to explore the circumstances for decision of present application on merit. The present application is filed seeking relief as under:-

(2.) Learned APP for respondent No. 1 submits that the impugned order passed by learned trial Court, below Exhibit-37 appears to be just, proper and reasonable. The benefit of the Government Circular referred in the Judgment of this Court in the case of Dagadu Shamrao Deshmukh Vs. State of Maharashtra, 1983 2 BCR 424 cannot be made applicable to the applicant, to allow the prosecution for withdrawal of Criminal Proceedings filed against the applicant. The learned APP explained the circumstances in detail and submits that there is no substance in the present application, and supported the impugned order passed by the learned trial Court.

(3.) Admittedly, the applicant-Nitin Khairnar and others were charge-sheeted for the offence punishable under Sections 408, 420, 464, 468, 471 and 477 read with section 34 of the Indian Penal Code. Pending the trial, the learned APP ventured to file application below Exhibit-37 for withdrawal of the prosecution against the present applicant by invoking remedy under Section 321 of the Code of Criminal Procedure.