KAPA KASI VISWANADHAM Vs. BONDILI MADAN SINGH

JUDGEMENT

(1.) P.R.C. No. 2 of 1946 on the file of the Sub-Magistrate, Bezwada taluk, was a prosecution against the present respondents for offences under various sections of the Indian Penal Code relating to rioting, theft, criminal trespass and dacoity. After the enquiry had proceeded for some time, the Assistant Public Prosecutor Bezwada filed a memorandum dated 5th September, 1947, before the Sub-Magistrate under Section 494 of the Criminal Procedure Code requesting that he may be permitted to withdraw the prosecution against the accused. On the receipt of this application, the learned Sub-Magistrate passed the following order: The Assistant Public Prosecutor, Grade II, Bezwada is permitted under Section 494, Criminal Procedure Code to withdraw the prosecution in the case as per the orders of the Government and the District Magistrate, Kistna and the accused are discharged.

(2.) As is to be inferred from this order, the District Magistrate, Kistna had forwarded to the Sub-Magistrate a copy of a telegram received by him from the Provincial Government directing him to withdraw P.R.C. No. 2 of 1946 and C.G. No. 512 of 1946 on the file of the same Sub- Magistrate. Both the cases have accordingly been withdrawn and the respective accused discharged.

(3.) The present petition is by one Kapa Kasi Visvanadham stated to be the com" plainant and P.W. 1. in P.R.C. No. 2 of 1946 requesting this Court to interfere under the powers of revision and set aside the order of discharge on the ground that the learned Sub-Magistrate has not, in giving the consent of the Court for the Public Prosecutor to withdraw the case, exercised his judicial mind regarding the desirabi-lity or otherwise of granting such permission and has not given any reasons why the permission was granted. In support of this application a long affidavit by the petitioner has been produced and there is also a counter-affidavit answering the various allegations contained in the petitioner's affidavit. In the light of the con-clusion I have come to on the question of law I do not propose to discuss the alle-gations and the counter-allegations or give an opinion on the merits. My learned brother Yahya Ali, J., admitted the revision adding a note that no reason for with-drawal is given in the telegram or in the Magistrate's order.