Decided on November 11,2005

Ramavatar Alias Ramu Agrawal Appellant
STATE OF CG Respondents


- (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 impugned order.
(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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