STATE OF M. P. Vs. MOORAT SINGH

JUDGEMENT

(1.) THE present appeal was filed by the State under section 417 of the Code of Criminal Procedure against Moortsingh, Nathoo and Ramprasad against acquittal of the aforesaid persons of the charges, under sections 364, 302 and 149 of the Indian Penal Code, recorded by the Additional Sessions Judge, Sagar in Sessions Trial No. 107 of 1973 dated 30 -4 -73. The appeal was admitted by this Court vide its order dated 13.9.73 against Mooratsingh only.

(2.) AFTER the admission of this appeal, an Interlocutory Application No. 1386 of 1973 was filed on behalf of the respondent Moortsingh praying for a direction to the State Government for the withdrawal of the appeal for the reasons stated in the said application. This application was subsequently withdrawn as would be evident from this Court's order dated 1.2.74 Subsequent to this, an Interlocutory Application No. 986 of 1974 has been filed on behalf of the State appellant purporting to be under section 482 (561 of the Old Criminal Procedure Code) of Criminal Procedure Code. 1973, praying that the State be allowed to withdraw the appeal.

(3.) THE application has been filed to invoke the inherent powers of the Court. The section in the Code providing for the inherent powers of the Court is 551 -A (the corresponding section in the Criminal Procedure Code of 1973 is 482 which as a verbatim reproduction of this section), which is set out below: