BHUPENDER SINGH THIND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is a revision petition filed by the petitioners under Section 397 read with Section 401 of the Cr.P.C. for quashing the order, dated 18.4.2009, passed by the learned Special Judge (Forest), Shimla in case under Sections 406, 409, 420, 465, 467, 468, 120 -B of the IPC and Section 13(2) of the Prevention of Corruption Act, wherein the learned Special Judge vide his impugned order had allowed the prayer of the learned Public Prosecutor made orally for the withdrawal of the application filed under Section 321 of the Cr.P.C, which application was filed by his predecessor seeking withdrawal of the prosecution qua the petitioners.

(2.) FACTS of the case in brief are that a case under Sections mentioned above was pending trial before the learned Special Judge (Forest), Shimla. In the said case, an application under Section 321 of the Cr.P.C. was filed by the then Public Prosecution on 7.6.2005. The facts of the case show that earlier also an application under Section 321 of the Cr.P.C. was filed by the then learned Public Prosecutor for withdrawal of the case. The said application was dismissed by the learned Special Judge on 31.7.2006. The State filed a revision petition before this Court against the order of dismissal passed by the learned trial Court and the revision petition was dismissed as withdrawn by this Court observing that the accused persons can file their separate independent revision petitions. Thereafter, separate revision petitions were filed by the petitioners and the learned Single Judge of this Court on 31.7.2006 remanded back the case to the learned Special Judge to hear the parties in accordance with law on the question as to whether permission is to be granted to the learned Public Prosecutor to withdraw the case or not.

(3.) BEING aggrieved by the said order passed by the learned Special Judge permitting the oral prayer made by the learned Public Prosecutor to withdraw the earlier application under Section 321 of the Cr.P.C. for withdrawal of the case, the petitioners have preferred the present revision petition.