STATE OF RAJASTHAN Vs. RAMJOO

JUDGEMENT

(1.) HEARD learned Public Prosecutor on behalf of the State.

(2.) IN Sessions Case No. 10 of 1977, 16 persons are facing trial in the Court of Additional Sessions Judge, No. 1, Alwar under section 302/149, 323, 323,149 1 P. C. 14 witnesses have already been examined in the case, out of which at least two of them are eye witnesses of the occurrence. Learned Public Pro-secutor appearing in that Court submitted an application before learned Addi-tional Sessions Judge, for withdrawal of the case under section 321, Cr. P. C. Learned Additional Sessions Judge placing reliance on M. N. Sankara-naravanan Nair vs. P. B. Balkrishanan (1) refused to grant permission to the Public Prosecutor to withdraw the case.

(3.) LEARNED Public Prosecutor is not in a position to say whether a prima facie case is made out against the accused or not. He is also not in a position to say that the two eye witnesses examined in the case have failed to make out a case. He further failed to state at Bar that the evidence likely to be examined in the case is not likely to sustain the conviction of the accused.