MANINDRA CHANDRA KARMAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated 5.10.77 of the learned Sub-Divisional Judicial Magistrate, Belonia, South Tripura District, passed in G.R. case No. 63 of 1975. The order of the learned court was passed on the prayer of the learned Assistant public prosecutor. I shall presently reproduce both the petition and the order of the learned Assistant Public prosecutor and the learned court respectively.

(2.) On 3rd March, 1975 at about 11 A.M. there was a law and order problem and the present petitioner, who at all relevant time, was Sub-Inspector of Police went to the place of occurrence along with necessary police force to maintain law and order. It is alleged that the crowd pelted stones, tried to snatch away the revolver from the petitioner and ultimately the police party had to resort to firing, as a result of which one person died. First Information Report was duly filed and after investigation charge-sheet was submitted. Thereafter on 12.3.75 one Mr. Sutradhar filed a complaint petition before the learned Sub-Divisional Judicial Magistrate, Belonia, South Tripura, under sections 302/201/323 of the Indian Penal Code against the present petitioner and 7 (seven) other persons and the said case was registered as case No. C.R. 49 of 1975, which is now pending for trial before the learned Additional Sessions Judge, South Tripura, and the case has been numbered as Sessions Trial No. 4 (ST/B)/81.

(3.) While the earlier case in which charge-sheet was submitted being case No. G.R. 63/75 was pending before the learned Sub-Divisional Judicial Magistrate, Belonia, the impugned order was passed on 5.10.77 and the said order is reproduced below:5 10 77 A.P.P. S.R. Biswas is present. 3 accused persons are present. The date was for appearance of the accused persons but L/A.P.P. by a petition prays to allow him to withdraw the case Heard, considered. The case withdrawn and the accused are discharged. The said order was passed on the basis of a petition filed by the learned Assistant Public Prosecutor (Annexure F to the petition) and the contents of the said petition run as follows: In pursuance of Govt. order, I like to withdraw this case from prosecution with the consent of the Court.