ANANTHARAMA VADHIAR Vs. MUTHIA TEVAN

JUDGEMENT

(1.) In this case the Police of Shermadevi on the information of the petitioner, Anantharama Vadhiar, submitted a charge-sheet to the Joint First Class Magistrate of Shermadevi charging four persons, three of them with robbery under Section 394, Indian Penal Code, and the fourth with the abetment of that offence. After four witnesses had been examined for the prosecution by the Police Circle Inspector and after certain other proceedings and after an infructuous petition for the transfer of the case made to the District Magistrate, the said Police Inspector of Ambasamudram Circle put in a petition on the 10th April 1913 to the Joint First Class Magistrate for permission to withdraw the charge against the accused. The Joint Magistrate on the 12th April 1913 accepted the petition as one filed under Section 494 of the Criminal Procedure Code read with Section 495, Clause 2, and granted the permission sought for and discharged the accused under Section 494, Clause (a). It is against this order of discharge that the present revision petition has been filed by Anantharama Vadhiar.

(2.) I admitted the revision petition because the 2nd ground mentioned in the revision memorandum, namely, that the Police had no power to withdraw from the prosecution and that the lower Court had no power to sanction such withdrawal, appeared to raise an arguable point of law. Notice was accordingly given to the Public Prosecutor and to the accused,

(3.) I have now heard again the learned Vakil who appeared for Anantharama Vadhiar and have also heard the learned Public Prosecutor and the learned Vakil for the accused and I have further considered the matter. Section 494 of the Criminal Procedure Code says that any Public Prosecutor appointed by the Government may, with the consent of the Court, withdraw from the prosecution before the case reaches what may be called the final stage. Section 495 is divided into two clauses, 1 and 2. The first Clause says that any Magistrate may permit the prosecution to be conducted by any person other than an officer of Police below a, rank to be prescribed by the Local Government etc., but that no person other than the Advocate-General, Standing Counsel, a Government Solicitor, Public Prosecutor or other officer generally or specially empowered by the Local Government in this behalf shall be entitled to conduct the prosecution without such permission. Clause 2 of Section 495 says that "any" such officer" shall have the like power of withdrawing from the prosecution as is provided by Section 494.