RAMNARESH Vs. ARJUN

JUDGEMENT

(1.) THIS petition is for impugning the order dated 11th October, 2007 passed by the Additional Sessions Judge (Fast Track Court), Jaura in criminal revision No. 18/07, whereby the learned Judge while setting aside the order dated 16th january, 2007 passed by the JMFC, Jaura in criminal case No. 1175/04, rejecting an application under Section 321 of Cr. P. C. filed on behalf of the prosecution, has allowed the application for withdrawal of the prosecution pending in aforementioned case against respondents No. 1 to 7 for the offence punishable under Sections 147, 148, 323/149, 325/149 of IPC and has acquitted them.

(2.) ADMITTEDLY, with regard to an incident happened on 25-3-2001, two cross-cases are pending in the trial Court. In criminal case no. 1175/04 pending in the Court of learned magistrate, the respondent Nos. 1 to 7 are the accused persons and facing trial for the offence punishable under Sections 147, 148, 323/149 and 325/149 of IPC. In cross-case no. 1205/04 pending in the same Court, the petitioners along with three others viz. Gopal, Jashwant and Sriram are the accused persons facing trial for the offence punishable under Sections 148, 323, 325 and 326/149 of IPC. It is also admitted that, out of these two cross-cases, the application for withdrawal of the prosecution under Section 321 of Cr. P. C. was filed in criminal case no. 1175/04 which has been allowed vide impugned order and the same has been assailed in this case.

(3.) THE application dated 27-9-2007 filed by Assistant District Prosecution Officer, jaura goes as under :- (Vernacular matter omitted.-Ed.)On perusal, it appears that the application has only been filed in compliance of the order of the government without any observation or opinion of the learned public prosecutor, who is only empowered to withdraw the case under Section 321 of Cr. P. C. The relevant part of the provision of Section 321 of Cr. P. C. goes as under :-