SWAPAN KUMAR BANERJEE Vs. SAHABUDDIN SARDAR

JUDGEMENT

(1.) THIS Rule is directed against an order passed by a Magistrate at Alipore on 15th of May, 1969 in g. R. Case No. 2647/68/t. R. 429/68 by which order he has allowed the prayer for withdrawal of the case and discharged the accused persons. The order is purported to be made under section 494 Cr. P. C. The case was one in which several accused persons were prosecuted for alleged offences under sections 148, 379 and 323 of the Indian Penal Code over occurrence alleged to have happened in May, 1968.

(2.) WHEN the case was pending before the learned Magistrate on 13th of May, 1969 an application was filed by the Officer-in-charge of prosecution stating therein, "i have been intimated by the S. D. P. O. , Alipore to withdraw the case from the prosecution as per Government Order No. 2872 (14)-P/142/69 dated 30. 4. 69, as Government has decided to withdraw the case". The learned Magistrate thereupon made the order allowing the prayer to withdraw the prosecution.

(3.) AGAINST that order Swapan Kumar Banerjee, on whose information the First Information Report in the case was recorded and the investigation had commenced, moved this Court under section 439 Cr. P. C. and obtained the present rule.