BISHAMBHAR PRASAD SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Whether under Section 321 of the Code of Criminal Procedure, 1973, ( hereinafter referred to as "New Code") the Public Prosecutor is solely authorized to file a petition for withdrawal from prosecution even in a case which is being prosecuted by the Additional Public Prosecutor, in charge of a case This is the moot question to be answered in the present Revision petition.

(2.) The present Criminal Revision petition under Section 397 and 401 of New Code was filed against an order dated 03.06.1980 passed by learned IVth Additional Sessions Judge, Patna in Sessions Trial No. 72 of 1974. By the said order the learned court below allowed the petition filed by the Public Prosecutor, Patna seeking permission of the Court to withdraw from prosecution and secondly allowing withdrawal petition acquitted all the accused persons of the case whereas after filing of the petition for withdrawal from prosecution, the Additional Public Prosecutor who was conducting the case had filed an objection petition to withdrawal petition filed by the Public Prosecutor. Similarly the informant of the case had also filed an objection petition against the prayer for withdrawal from prosecution in respect of the accused persons.

(3.) The present case has got a chequered history. Long back on 21.09.1970 the informant, who is petitioner in the present Revision petition, gave fardbyan before the Officer Incharge of Mokamah Police Station disclosing therein that in the preceding night at 11.00 P.M. he had slept in a room of his Dalan and beside him one Tirpit Singh also slept. The uncle of the informant namely- Rajendra Singh (deceased) had slept on a cot at the Verandah whom they could see from a window fitted in the room. On 21.09.1970 at about 1.00 or 1.30 A.M. the uncle of the informant cried "Ramashis Kahar Jan Marlack" upon which the informant put the electric bulb on and saw that five accused persons were assaulting his uncle Rajendra Singh on the Verandah with Bhala and Fasuli and then the victim fled towards South at the Dalan of Suresh Babu but he fell down and accused persons again injured him with Fasuli and Bhala. The informant claimed to identify Ramashis Kahar, Ram Badan Tanti and Sadhu Sharan Das and two others by face. Out of them one was identified as Binod Kumar Sharma (Opposite Party No. 2) and other as Surendra Prasad who were apprehended by the villagers along with Ramashis Kahar and Sadhu Sharan Das in and around the vicinity of the place of occurrence. The informant at the time of occurrence had also seen some other accused persons standing below the said Verandah and on his hulla villagers rushed there and apprehended some of them and saw the occurrence. The motive of the occurrence was that accused Ramashis Kahar of village- Maranchi was a leader of Communist Party and other accused persons were his party men. The deceased - Rajendra Singh used to protest against their illegal activities including their prevalent 'land grab movement' through Farmers Committee and this protest annoyed the accused persons resulting in his brutal murder.