RAMAVATAR ALIAS RAMU AGRAWAL Vs. STATE OF CG
HIGH COURT OF CHHATTISGARH
Ramavatar Alias Ramu Agrawal
STATE OF CG
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(1.) HEARD on admission and on M.Cr.C. No. 2492/2005. After due investigation of Crime No. 14/2002 registered under Section
294,506 read with Section 34 of the I.P.C., and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, challan has been led
in the special Court and the Special Court registered the case which bears No.
46/2003 and is proceedings with the trial.
(2.) THE State Government vide letter dated 29-08-2005 communicated the District Magistrate, Raigarh that in the opinion of the Government further
proceeding with the said case is not proper and also directed District Magistrate
to advise Public Prosecutor to proceed under Section 321 of the Cr.P.C. District
Magistrate Forwarded the letter to Deputy Director Prosecution with a direction
to take appropriate action for withdrawal of the case. Therefore, Additional Public
Prosecutor filed an application under Section 321 of the Cr.P.C.
Learned lower Court after hearing the prosecution and also complainant, held that the case relates to weaker sections and that too of a woman against
whom crime has been committed, therefore, complete trial is necessary. the public
prosecutor did not apply his discretion and his prayer is based on the instructions
of the Government. Learned lower Court dismissed the application vide its
(3.) LEARNED counsel for the applicant relying on the judgment rendered by Hon'ble Supreme Court in Rajendra Kumar Jain Vs. State through Special
Police Establishment and others1 and Shree Nandan Paswan Vs. State of
Bihar and others contended that the Public Prosecutor has applied his mind and
moved the application for withdrawal, but the learned lower Court without
appreciating the provision properly withheld its consent.;
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