V VIKRAM SIMHA REDDY Vs. P PULLA REDDY

JUDGEMENT

(1.) This is a revision petition becking to revise the order of the First, Class Magistrate, Alampur in C.C.No 18 of 1972, on his file, under section 494 Criminal Procedure Code (old), granting permission to the Public Prosecutor to withdraw from the prosecution.

(2.) The petitioner herein is the de facto complainant. He gave a written conplaint to the Police, alleging that the accused an Advocate and sitting member of the Legislative Assembly who was looking after the lands of the petitioner, unauthorisedly raised Government loan, on security of the lands of the petitioner forging the signatures of the petitioner and misappropriated the same. After investigation the Police filed the charge- sheet for offences under sections 419 and 465, Penal Code. The First Glass Magistrate, Alampur took cognizarce of the offence in C. C. No. 18 of 19 72 against the accused. The accused filed Cr. M. P. Nos. 794 of 1972 and 2061 of 1972 before this Court for quashing the criminal proceedings against him. This Court dismissed both the petitions. Subsequently under the instructions of the Government the A. P. P. O. filed a petition on 9th July, 1974 before the learned Magistrate praying for consent for withdrawal from the prosecution of the accused in the case. The learned Magistrate granted permission and acquitted the accused. The de facto complainant has filed this revision petition.

(3.) The main submission of the learned counsel for the de facto complainant, Sri R. Ramalinga Reddy is that the petition filed by the A. P. P. O. under section 494, Criminal Procedure Code, praying for consent of the Court for withdrawal does not disclose the grounds which prompted the Government and the Public Prosecutor to withdraw the prosecution, and that even the Government Order passed by the Government directing withdrawal of the prosecution does not disclose any ground and the permission granted therefore was improper.