NIRANJAN PRADHAN Vs. STATE

JUDGEMENT

(1.) The accused persons in G.R. Case No.4 of 1985 now pending in the court of the Judicial Magistrate. Narsinghpur have filed this application under Section 482, Criminal Procedure Code (Cr. P.C.) assailing the order dated 31-3-90 refusing to consent to the request of the Asst. Public Prosecutor to withdraw from the prosecution in the case.

(2.) The aforementioned case was started on the report lodged by one Bidulata Das at the Narsinghpur Police Station on 7-1-85 alleging, inter alia, that at about 1-30 a.m. on the same day about twenty to thirty persons being armed with lathis and tangia (axe) etc. broke open the door of the shop of the informant; when her mother in law enquired of the persons why they were behaving in that manner, one Kirtan Sahu assaulted her by lathi and one Pankaj Behera threw a piece of cloth soaked with kerosene setting fire to the thatch of the house. It was further alleged by the informant that about 200 to 300 persons had assembled outside the house at the time of the incident. Immediately after the incident the informant and her husband came to the Outpost and reported the matter to the police.

(3.) On receiving the report the police registered P.S. Case No. 2 of 1985 under Sections 147, 148, 149, 458, 323 and 436 I.P.C., the accused persons were apprehended on different dates and filed petitions for being released on bail. All the petitions were rejected by the learned Magistrate on 15-1-85. Subsequently by order of this Court all the accused persons in custody were released on bail of Rs. 3000/- each with two sureties each for the like amount on 4-2-85.