PRAVEEN BHATIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant criminal misc. Petition, challenge has been made to the order dtd. 10/4/2015 passed by the learned ACJM, Jhalrapatan in cr. Case No. 256/2013 titled as State of Rajasthan v. Praveen Kumar and ors. as well as against the order dtd. 10/7/2018 passed by learned Special Judge, NDPS Cases, Jhalawar in criminal revision no. 9/2018 whereby the application filed by the learned Asstt. Public Prosecutor on behalf of State of Rajasthan under Sec. 321 of the Cr.P.C. for withdrawal of the prosecution against the petitioners has been declined and the order has been affirmed by the revisional Court.

(2.) Brief facts necessary for the disposal of the instant misc. Petition are that the petitioners are facing trial for the accusation of committing offence under Sec. 332, 353 and 504 IPC. During the course of trial, an application under Sec. 321 of the CrPC came to be submitted by the Assistant Public Prosecutor with the averments that the State of Rajasthan has resolved to withdraw the prosecution in this case, therefore, the application under Sec. 321 of the Cr.P.C. may be allowed.

(3.) After hearing the learned counsel for petitioners-accused and the learned Public Prosecutor, the learned ACJM had dismissed the application filed on behalf of State of Rajasthan vide order dtd. 10/4/2015 with detail reasoned order. It transpires that the State of Rajasthan had assailed the said order by way of preferring a revision petition before the learned sessions Judge but that has been rejected vide order dtd. 10/7/2018. It is notable that the State of Rajasthan has not preferred any further petition to challenge the orders dtd. 10/4/2015 and 10/7/2018.