BARKAT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner by way of this petition has invoked the inherent powers of this Court under Section 482 of the Code of Criminal Procedure wherein it has been alleged that the petitioner has been the victim of apathy of the system. The petitioner is a permanent resident of Chandigarh. FIR No. 167 of 2010 was registered against him and another person under Sections 452, 427, 506 and 34 IPC at Police Station, Dhalli, Shimla. The petitioner as well as other accused was summoned in the case and notice of accusation was put to them on 23.5.2012 and the case was thereafter listed for prosecution evidence.

(2.) HOWEVER , before this, on 2.2.2011 the complainant had already moved an application to Deputy Commissioner, Shimla for withdrawal of the case against the accused. The Additional District Magistrate summoned the complainant as well as accused persons to his office on 1.8.2012 and sought the affidavits and recorded their statements and accordingly, the matter was referred to the Government for withdrawal of the prosecution against the petitioner and other accused. The matter was duly considered at the Government level and it was recommended that the prosecution against the accused be withdrawn and even a communication to this effect was sent to the office of the District Attorney, Shimla vide diary No. 147 dated 26.3.2013 (Annexure R -1).

(3.) THEREAFTER the case was transferred from the Court of Judicial Magistrate 1st Class (2), Shimla to the Court of Judicial Magistrate IInd Class (8), Shimla and on 1.10.2013 the following order came to be passed: