STATE OF J&K Vs. NAZIR AHMAD BHAT

JUDGEMENT

(1.) AGAINST the judgment dated 27 -6 -1996 of Special Judge, -Anti -Corruption, Srinagar acquitting accused Respondent Nazir Ahmad Bhat, Senior clerk, Bone and Joint Hospital, Srinagar Kashmir, in a challan case under section 161 R. P. C and Section 5(2) of Prevention of Corruption Act, Acquittal Appeal has been preferred by the State of J&K through Additional Advocate General. The appeal has been admitted and notice issued to the respondent accused by a Single Bench of the Court on 30 -12 -1996. The record has been received and the service is complete and the case is ripe for hearing and is waiting its turn for listing before the court as hearing matter.

(2.) THE Additional Advocate General, Mr. M. H. Attar, has through, this motion sought permission to withdraw the appeal. The Advocate General has placed on record a communication received by him from Director Prosecution of Vigilance Department, directing the Advocate General to withdraw the appeal from the High Court. The respondent has appeared in person and taken notice.

(3.) I have heard Mr. Attar, AAG, in the matter. The only question to be answered is whether the appeal can be allowed to be withdraw even if the Addl. Advocate General or for that matter the Government desire to withdraw the appeal.