SUKHDEV SINGH Vs. KASHMIRI LAL

JUDGEMENT

(1.) THE present revision petition has been filed by the complainant Sukhdev Singh challenging the judgment dated July 2, 1992 whereby the learned Additional Sessions Judge, Sirsa had allowed the application filed by the Public Prosecutor under Section 321 Cr.P.C. and granted the permission to withdraw from the prosecution.

(2.) THE respondents were charged under Sections 148, 149, 323, 324, 325 and 307 IPC. During the course of trial, the Public Prosecutor filed an application under Section 321 Cr.P.C. In the aforesaid application, it was stated that he had gone through the facts of the case and applied his mind independently and had also perused the case diary and other relevant materials. The Public prosecutor was of the opinion that the perusal of the file showed that the accused persons had been implicated on account of political and personal vendetta and there was a paucity of evidence to connect the accused persons with the crime. Accordingly, the aforesaid application was filed after considering the aforesaid version and contents thereof. The learned Additional Sessions Judge vide order dated July 2, 1992 has allowed the aforesaid application and permitted the Public Prosecutor to withdraw from the prosecution under the provisions of Code of Criminal Procedure. Now the complainant has filed the present revision petition challenging the aforesaid order.

(3.) IN my considered opinion there is no infirmity in the order passed by the learned Additional Sessions Judge. The learned Additional Sessions Judge has noticed in detail the contents of the application filed by the Public Prosecutor under the provisions of Section 321 CrPC. Under the aforesaid provision, the Public Prosecutor has the powers to withdraw from the prosecution at any stage during the proceedings, with the consent of the Court, if there are good reasons for such withdrawal. In the present case, the Public Prosecutor had given good reasons for the withdrawal from the prosecution by observing that the accused persons had been roped on account of political and personal reasons.