MUBARAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The legality, propriety and correctness of the order dtd. 8/1/2016 passed by the learned Additional Sessions Judge No. 3, Chittorgarh in Criminal Case No. 52/2014 have been challenged by the petitioner whereby the criminal prosecution was allowed to be withdrawn by the learned trial Court and the proceedings against the accused-respondents were dropped.

(2.) Bereft of elaborate details, brief facts necessary for disposal of the instant criminal revision would be that on 23/12/2007, the respondents, in furtherance of their common object, trespassed into the house of the petitioner-complainant, ransacked and vandalized the house as a result of which the entire belongings were destroyed. The fire was of such magnitude that all the household articles got damaged. An FIR bearing No. 460/2007 came to be lodged by the petitioner at Police Station Kapasan, District Chittorgarh upon which, the investigation was conducted. The coloured photographs, site memo, the statements of the witnesses and other independent evidence prima facie made a foolproof case against the accused-respondents for the offences under Ss. 147, 148, 149, 435, 436, 454 & 379 IPC and accordingly, charge sheet got submitted against them. The learned Magistrate took cognizance of the offences and since the case was not exclusively triable by Court of Magistrate, the order of committal was passed and thus, the file was received by the learned Additional Sessions Judge No.3, Chittorgarh. On several occasions, adjournments were sought by the accusedrespondents to argue on the point of charge. On 18/12/2015, the learned Additional Public Prosecutor submitted an application under Sec. 321 of the Cr.P.C. along with a resolution issued by the Department of Home, Government of Rajasthan and thus, a prayer was made for withdrawal from the prosecution of accused-respondents. The learned trial judge kept the application for perusal and posted the matter for consideration on 8/1/2016. On 8/1/2016, the learned trial judge passed the order to the effect that since the State of Rajasthan has withdrawn the prosecution, thus, nothing survives in the trial and accordingly, directed to discharge the bail bonds of the accusedrespondents and dropped the proceedings against them and consigned the file to the record as well. For ready reference, the order sheet dtd. 8/1/2016 is reproduced herein below:

(3.) Heard learned counsel for the petitioner, learned Public Prosecutor for the State and learned counsel for the accusedrespondents. Perused the record of the case, more particularly the application filed by the Additional Public Prosecutor and the resolution taken by the Government of Rajasthan. Empowered with the power laid down under Sec. 397 CrPC, this Court examined the record of the proceedings for the purpose of satisfying itself to the correctness, legality or propriety of the order dtd. 8/1/2016. The accused are duly represented by their counsel.