CHITRAKOOTRAM & ORS Vs. STATE OF M P

JUDGEMENT

(1.) This miscellaneous criminal case is directed against order dated 07.04.2014 passed by the Court of 1st Additional Sessions Judge, Singrauli in Criminal Revision No.03/20 14, whereby order dated 16.12.2013 passed by the Court of JMFC, Waidhan in Criminal Case No.609/2009, dismissing the application under Section 321 of the Cr.P.C., has been upheld.

(2.) The facts necessary for disposal of this miscellaneous criminal case may briefly be stated thus: Applicants Chitrakootram, Sunil Kumar, Pappu @ Shivendra and Babloo @ Avinash were prosecuted under Sections 294, 323 and 506 read with Section 34 of the IPC. On the recommendation of a Committee headed by District Magistrate, Singrauli and pursuant to the memo number Home (C-Section) Department Ministry, Bhopal, number-F-3 5-279/2004/2/C-2 Bhopal, dated 04.10.2013, the Assistant Prosecution Officer, Singrauli, moved the application dated 30.11.2013 under Section 321 of the Cr.P.C for permission to withdraw from prosecution, in criminal case no. 609 of 2009, pending before JMFC, Waidhhan. It was stated in the application that there has been no progress in the case since the year 2009; therefore, the application under Section 321 of the Cr.P.C be allowed and the prosecutor be allowed to withdraw from the prosecution.

(3.) On due consideration of the facts and circumstances of the case, learned trial Court observed that the case has been pending since the year 2009. In all seven prosecution witnesses have been examined; as such, it cannot be said that the progress of the case has been tardy. As per the first information report, injuries with the knife were inflicted. In the MLC report, numerous injuries were found on the person of the victims; as such, it would not be in the interest of justice to permit the Prosecutor to withdraw from prosecution; as such, the application under Section 321 of the Cr.P.C was dismissed.