STATE OF RAJASTHAN Vs. CHIMNA RAM

JUDGEMENT

(1.) The instant criminal misc. petition under Sec. 528 read with Sec. 360 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the State seeking permission to withdraw the prosecution in Criminal Case No. 1473/2019 titled as"State of Rajasthan v. Harlal" pending in the court of Additional Chief Judicial Magistrate, Sardarshahar, District Churu.

(2.) The facts in short are that on the basis of a complaint filed by the respondent/complainant, F.I.R. No. 17/2019 was registered at Police Station Kotwali, District Churu for the offences under Ss. 420, 467, 468, 471, 193 and 120-B of I.P.C., wherein the allegation was that accused - Harlal Singh submitted his nomination for election on the post of Member, Ward No. 16, Zila Parishad, Churu and along with nomination papers, he submitted mark-sheet and certificate of Class Xth passed and used them as genuine knowing well that same were forged. After conclusion of investigation, the police submitted charge-sheet against the accused - Harlal. During pendency of criminal case, the State Government constituted a committee, which took a decision to withdraw criminal case pending against the accused, who is present MLA of Constituent Assembly of Churu. Therefore, the State has moved this application seeking permission under Sec. 321 of Cr.P.C. for withdrawal of the prosecution.

(3.) Heard learned counsel for the parties.