APURBA BALLAV GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Subject to what conditions withdrawal from prosecution can be permitted by Section 321 of the Code of Criminal Procedure (in short 'the Code') and what roles the Public Prosecutor plays in seeking withdrawal from prosecution and while dealing with an application made under Section 321 of the Code, what powers and duties of a Court are, are some of the vital questions, which the present revision petition has thrown up for determination.

(2.) This revision is directed against the order, dated 10.06.2002, passed, in GR Case No. 1099/2000, by the Sub Divisional Judicial Magistrate (S), Golaghat, permitting withdrawal of the case by prosecution and acquitting the accused-opposite party of the: offence allegedly committed by them under Section 51 of the Wild Life Protection Act, 1972.

(3.) Before I discuss the facts, which have given rise to the present writ petition, it is, in the context of the facts of the present case, apposite to point out the basic principles governing exercise of jurisdiction under Section 321 of the Code. For this purpose, let me reproduce herein below Section 321, which run as follows :