STATE OF CHARANJIT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a prayer under S. 482, Cr. P.C. to quash the order of the trial Magistrate and also the revisional order of the Additional Sessions Judge, Hoshiarpur, passed on an application made by the Public Prosecutor under S. 321, Cr. P.C. The relevant contents of this application are :- "It is submitted as under : - 1. That the above noted case is fixed for 21-1-86 for the evidence of prosecution.

(2.) That in the above noted case, keeping in view public tranquillity and communal harmony at large, Govt. has decided to withdraw this case.

(3.) That it is therefore, prayed that prosecution may be allowed to withdraw from the prosecution keeping in view the interest at large." Sd/- Assistant District Attorney, Hoshiarpur. 2. In the light of this application, the Magistrate though referred to some judgments of this Court as well as of the Supreme Court indicating as to what have to be the guiding factors in such matters, yet without analysing the same vis-a-vis the facts of the case in hand, concluded the matter with the following observations : - ".....I am fully satisfied that the request for withdrawal from prosecution of the case is fully justified. The prayer of the A.P.P. is, therefore, granted and the accused is acquitted. File be consigned to the record room." 3. By now it has repeatedly been laid down by the Final Court that in such matters the statutory responsibility for deciding upon withdrawal of cases squarely vests in the Public Prosecutor and it is non-negotiable and cannot be bartered away in favour of those who may be above him on the administrative side. The Criminal Procedure Code is the only master of the Public Prosecutor and he has to guide himself with reference to the Criminal Procedure Code only. So guided, the consideration which must weigh with him is whether the broader cause of public justice will be advanced or retarded by the withdrawal or continuation of the prosecution. If some policy consideration bearing on the administration of justice justifies withdrawal the Court may accord permission. The interest of public justice being essentially of paramount consideration has to weigh with the Court.