PANCHANAND GOSWAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 18.3.1980 passed in G.R. Case No. 865 of 1976, by Judicial Magistrate, who has allowed the application of the Additional Public Prosecutor for withdrawal of a criminal case and simultaneously the accused persons have been discharged.

(2.) It appears that on the basis of a first information report, which is Annexure-1 to the petition, a case was registered for offences under Sections 406 and 420 of the Indian Penal Code, 1860. That gave rise to G.R. Case No. 865 of 1976. The case was pending in the Couit of a Judicial Magistrate, Purnea.

(3.) Subsequently, a petition was filed by the Additional Public Prosecutor, who was in charge of the prosecution for the withdrawal of the case. It will be relevant to quote the relevant paragraphs of the petition, which run as follows: