JAGDISH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 30.11.1977 passed by Shri Gorakh Nath Singh, Judicial Magistrate First Class, Jahanabad in G. R. Case no. 642 of 1 76/Tr. No. 516 of 1977. The'prosecution case is not required to be stated for the disposal of this application The impugned order arises out of a petition filed by the Assistant Public Prosecutor for withdrawing the prosecution against all the accused persons on trial. The order states that the Assistant Public Prosecutor has filed a sanction letter of the District Magistrate, Gayafor withdrawing the case and it is stated that in the interest of administration, the Assistant Public Prosecutor is allowed to withdraw the case.

(2.) Opposite party nos. 2 to 6 were facing trial in the court below for certain offences said to have been committed by them on 23.6.1976 An application before the Magistrate was filed under section 321 of the Code of Criminal Procedure, 1973. The relevant portion of section 321 reads as follows

(3.) This order of the learned Magistrate is clearly against the well-known principles laid down by the Supreme Court in the case of Balwant Singh and others v. Slate of Bihar, (AIR 1977 SC 2265). It has been held in that decision as follows: