NAVJOT SINGH SIDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SCOPE , ambit and limitation on exercise of discretion by a Public Prosecutor while filing an application under Section 321 of the Criminal Procedure Code is the paramount question that falls for consideration in the present case.

(2.) THE State through the Public Prosecutor filed an application under Section 321 of the Code for permission to withdraw the prosecution against Mr. Navjot Singh Sindhu and his co-accused Rupinder Singh Sandhu, which was dismissed by the learned Sessions Judge, Patiala, on 9.8.1995. It is this order of the learned Sessions Judge which has been assailed in the present revision petition i.e. No. 589 of 1995 by Navjot Singh Sidhu and his co-accused Rupinder Singh Sandhu. Against the same order, another revision has been preferred by the State of Punjab, being Criminal Revision No. 666 of 1995.

(3.) SAID Navjot Singh Sidhu accused dragged Gurnam Singh out of the car and started giving him fist blows which hit Gurnam Singh on his left temporal region and this accused also gave kick blows on the left knee and other parts of the body. The complainant Jaswinder Singh came out of the car in order to save Gurnam Singh, but in the meanwhile the person (Rupinder Singh Sandhu) who had hair-cut came out and he also started giving fist blows. Thereupon Jaswinder Singh complainant raised alarm "Mar ditta, Mar ditta". After causing the injuries both the accused ran away from the placed of occurrence in the said vehicle and they also took the keys of the car of the complainant party.