RUJULA Vs. EMPEROR

JUDGEMENT

(1.) . 1. This is a revision application from an order dated 4th January 1928, of Mr. Purshottam Lal, Magistrate, 1st Class Bilaspur, whereby the accused persons, in Criminal Case No. 136 of 1927, were discharged. The order was recorded in the order-sheet and was as follows: All accused in custody. Prosecuting Sub-Inspector for prosecution and defence by Mr. Agnihotri. The Prosecuting Sub-Inspactor puts in an application applying for permission to withdraw this case Under Sectionection 494, Criminal P.C. The permission is granted and the accused persons discharged. The witnesses present be discharged.

(2.) THE first ground in the application is to the effect. that the trial Court has given no reason for giving its consent to the withdrawal of the prosecution and as such has not properly exercised the discretion vested in the Court by Section 494, Criminal P.C.

(3.) IN re Sadayan, Wallis and Adbur Rahim, JJ., in a very brief judgment, observed the following: neither the Public Prosecutor nor the Judge is called on to give any reasons for his action and this Court has no means of ascertaining what the reasons were.