RAJENDRA AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision is directed against the order dated 27.6.2011 passed by the Special Judge, Shivpuri. By impugned order dated 27.6.2011, the Court below has rejected the application preferred under Section 321 Cr.P.C.

(2.) SHRI Vivek Jain, learned counsel for the petitioners drew the attention of the Court on communication dated 2.2.2010 (Annexure D) whereby the District Magistrate, Shivpuri informed the Public prosecution, Shivpuri to withdraw the matter in public interest on account of the decision taken by the State Government dated 14.1.2010. Shri Vivek Jain submits that when such an application under Section 321 Cr.P.C. was filed, the complainant Shri Ajit Jain filed his reply (Annexure B). In the reply he agreed with the stand taken by the State Government and stated that he is not interested to say anything against the petitioners. He filed affidavit in this regard before the Special Judge (Annexure C). Shri Vivek Jain submits that the learned Special Judge has committed an error in rejecting the aforesaid application for withdrawal of the matter. He submits that there was no justification in rejecting the said application when there is no likelihood of petitioners' conviction. More so, when the complainant himself has shown his satisfaction and agreed with the stand of the State Government to withdraw the criminal case.

(3.) THE learned Public Prosecutor read out certain portions of the final report.