DEVINDER KAUR SEKHON Vs. SATISH KUMAR

JUDGEMENT

(1.) DR . Devinder Kaur Sekhon and Baldev Singh proprietors of Jassal Medical Store, Mallout, have moved the present petition under Section 482 of the Code of Criminal Procedure and challenged the order of acquittal recorded by Shri Nirmal Singh, Additional Sessions Judge, Faridkot dated 15-5-1991 which resulted on account of the application which was moved by the Public Prosecutor under Section 321 of the Code of Criminal Procedure for the purpose of withdrawal from the prosecution.

(2.) BRIEFLY the allegations were that there were disturbances in Malout on 10-10-1986 and as a consequence of firing two persons of one community Bishamber Dass and Jagan Nath were killed. Thereafter latter part of the day there was throwing of brickbats at Police Station, City Malout The damage was also caused to the electric installations and the building of the police station, Malout. A little later Satish Kumar and four others were apprehended inasmuch as they had caused damage to Lehri General Store, Jassal Medical Hall and a couple of vehicles were damaged retaliation and also caused injuries to some persons of the other community. A challan for offences under Sections 307/323/427/436/506/435/382/457/148 and 149 of the Indian Penal Code was presented against the aforesaid five respondents and charges were also framed on 13-9-1989. Subsequently some evidence was also recorded.

(3.) THE learned counsel for the petitioner has referred to Dhup Singh v. State of Haryana and others, 1985(1) RCR 335 where a proposal to withdraw a case for offences under Sections 392, 353 and 201 of the Indian Penal Code was set aside because the plea that considerable evidence may not be forthcoming, was disliked. Here, attention has also been invited to S.B. Sharraf and another v. K.P. Singh and others, 1964(1) Crl LJ 65 wherein the personnel of the management had received injuries at the hands of mob of about 200 workers armed with lathis and the mob also created an atmosphere of terrorism and anarchy and the order of Magistrate permitting the withdrawal of the case was set aside.