NOOR MOHAMMAD Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING the revisional jurisdiction of this Court under Section 401 of the Code of Criminal Procedure (in short 'the Code') the petitioner has called in question the legal validity of the order dated 17-8-2001 passed by the learned Second Additional Sessions Judge, Bhopal, in Criminal Appeal No. 324/2001 whereby he has affirmed the order dated 16-7-2001 passed by the learned Trial Magistrate, who had refused to grant permission for withdrawal of the prosecution under Section 321 of the Code.

(2.) THE facts as have been depicted are that the petitioner on the basis of an FIR lodged on 18-1-1999 at Nishatpura Police Station was proceeded in respect of the offences punishable under Sections 451 and 506 of the Indian Penal Code (for brevity 'the IPC') which gave rise to Crime No. 26/99 and eventually was registered as R. T. No. 212/99 before the learned Judicial Magistrate First Class, Bhopal. During the pendency of the trial before the learned Magistrate the State Government communicated vide letter dated 25-7-2000 requiring the Public Prosecutor to withdraw the prosecution against the petitioner. The District Prosecution Officer, Bhopal filed an application under Section 321 of the Code seeking withdrawal of the prosecution but the said application was rejected by the learned Magistrate on 6-7-2001. An appeal was preferred against the aforesaid order but it did not meet with success. Hence, this revision.

(3.) ASSAILING the aforesaid order it is submitted by Mr. Kamaruddin, learned Counsel for the petitioner that the Courts below have fallen into gross error by not granting permission for withdrawal of the prosecution, though it was categorically stated in the application filed by the District Prosecution Officer that the said application was filed in public interest. The learned Counsel further submitted that if the entire factual matrix would have been properly appreciated by the Courts below the permission under Section 321 of the Code would have been allowed.