Decided on August 19,1970

Dukhu Shyam Khamrui Appellant
STATE Respondents


K.K. Mitra, J. - (1.) This is a Rule directed against the order passed by Sri A. K. Sen, Magistrate, First Class, Midnapore, in G.R -Case No. 92IN/67 refusing consent to the prayer of the prosecution to withdraw from the case under Sec. 494, Code of Criminal Procedure. The facts of the case are as follows:
(2.) One Shyamapada Sett of village Natun Bazar, Police Station Keshpur, district Midnapore, filed a complaint to the Police against the Petitioners on the allegation that on November 26, 1967, when he with the help of his laborers were engaged in reaping paddy from their lands, the Petitioner objected which led to an altercation and then to rioting and assault. One Dukhashyam Mondal was seriously injured as a result of the rioting and he died on his way to hospital. Some other persons were also injured.
(3.) The Police after investigation submitted charge against the Petitioners under Ss. 148, 149/304 and 325/34, Indian Penal Code, on August 22, 1968. The 'case was transferred to Sri A.K. Sen, Magistrate, for the purpose of holding committal proceedings under Sec. 207A, Code of Criminal Procedure. When the committal proceedings in the Court of the Magistrate had been proceeding and three principal witnesses from the side of the prosecution had been examined and the case was fixed for examination of the accused persons under Sec. 342, Code of Criminal Procedure, on June 25, 1969, a petition was filed for withdrawal of the case on behalf of the State which was objected to by the complainant. The learned Magistrate, after consideration of the prayer made by the Public Prosecutor to withdraw from the prosecution in respect to all the accused persons, completely refused to give his consent thereto.;

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