RAM GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Public Prosecutor.

(2.) THIS petition under Section 482 Cr.P.C. is directed against the order dated 19th December, 1990 passed by the learned Munsif and Judicial Magistrate First Class, Suratgarh. It is alleged by the petitioner that by the aforesaid order dated 19th December, 1990, the learned Munsif and Judicial Magistrate First Class, Suratgarh declined to accept the application filed by the complainant (non-petitioner No. 2) under Section 257 Cr.P.C. seeking permission to withdraw the complaint in respect of the accused Ram Gopal and Bhim Singh. A perusal of the record of the lower court shows that on 19th December, 1990 an application under Section 257 Cr.P.C. had been filed before the learned Trial Magistrate on behalf of the non-petitioner No. 2 (complainant Bal Ram) by his counsel. The learned Judicial Magistrate fixed 14th February, 1991 for the disposal of that application and on 14th February, 1991 the learned Judicial Magistrate rejected the application filed by the non-petitioner No. 2 under Section 257 Cr.P.C. on the ground that permission to withdraw the complaint was sought only against two out of five accused persons.

(3.) SECTION 257 Cr.P.C. provides that if a complainant at any time before a final order is passed in any case under Chapter XX (providing for trial of summons-cases by Magistrate) satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.