STATE OF ORISSA Vs. KRUSHNA CHANDRA TRIPATHI

JUDGEMENT

(1.) This is a suo motu revision with a view to examine the legality, propriety and correctness of the order dt. 6-12-84 passed by the Sub-Divisional Judicial Magistrate, Jharsugda allowing withdrawal of G.R. case No. 974 of 1981 and as a consequence of that acquittal of the accused.

(2.) G.R. Case No. 974 of 1981 was registered on 7-12-81 on receipt of the F.I.R. of D.I.C., Rengali Police Station and the charge-sheet was submitted on 20-12-82 under S.394, I.P.C. and cognizance was taken on the same day. On 28-1-84 charge under S.392, I.P.C. was framed against the accused and the accused pleaded not guilty to the charge and claimed for trial. Then the case proceeded for trial. On 16-3-84, it appears that 8 prosecution witnesses were present. As the accused was absent, prosecution witnesses were discharged and N.B.W.A. was issued against the accused and the bail bond was forfeited. On 8-5-84 the case was advanced and a petition for withdrawal of the case was filed. The petition for withdrawal appears to have been written by the Asstt. Public Prosecutor, Jharsuguda. On 20-10-84 the Public Prosecutor himself filed a petition for withdrawal of the case. On 6-12-84 the learned S.D.J.M., Jharsuguda passed the impugned order allowing the withdrawal of the case. Hence the suo motu revision has been instituted.

(3.) The substantive portion of the petition of the Asstt. Public Prosecutor dt. 8-5-84 is as follows :