STATE OF PUNJAB Vs. GURDIP SINGH

JUDGEMENT

(1.) THE State of Punjab has filed this petition to seek revision. of an order dated 6-12-1978 passed by Shri D. B. Gupta, Additional Sessions Judge. Ludhiana, whereby he refused permission to the Public Prosecutor to withdraw from the Sessions trial 'state V. Gurdip Singh' pending before him.

(2.) THE case reveals a grim and sordid episode. In 1973, the complainant Moti Sagar filed a complaint against Gurdip Singh and others; all police officials, alleging that he and his son were illegally detained by the accused who caused them severe beatings for obtaining their confessional statements. For that purpose, it was alleged that even urine Was poured in the mouth of the son of the complainant. On such allegations, the trial of the complainant in the Court of Session made considerable progress when the Public Prosecutor sought permission of the Court under Section 321, Cr. P. C. to withdraw from the prosecution of the case. The grounds mentioned by the Public Prosecutor were that the accused had no personal interest or bias against the complainant or his son and all what they did was bona fide in discharge of their official duties. It was also pleaded that the withdrawal was essential so as to keep up the morale of the police force which was the prime agency charged with the maintenance of law and order, and in broader interests of public justice. The Public Prosecutor also took the plea that the trial had been long and protracted causing suffering to the accused and employment of time of the Court. The trial Court rejected the prayer of the Public Prosecutor being of the view that the grounds put forth by the Public Prosecutor were not grounds which apparently furthered the cause of the administration of justice. that view of the Court is the subject matter of challenge in this revision petition.

(3.) BEFORE adverting to the grounds of withdrawal pressed and reiterated by the learned Deputy Advocate General, Punjab, it would be appropriate to quote herein the relevant extract of Section 321 of the Cr. P. C. : The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried and, upon such withdrawal,