LAWS(HPH)-2008-11-9

BALAK RAM Vs. STATE OF H P

Decided On November 10, 2008
BALAK RAM Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THESE four revision petitions are being disposed of by a common judgment as the same point of law is involved. These petitions challenge the order passed by the learned Special Judge (Forest), shimla on applications moved under section 321 of the Code of Criminal Procedure (hereinafter referred to as the 'code')seeking withdrawal from prosecution, which applications were dismissed by the learned special Judge (Forest) on 27-4-2006.

(2.) THIS litigation has a chequered history. It is undisputed before me that prior to the present petitions, the State had preferred Criminal Revision Petition Nos. 46 of 2007 and 117 of 2006 challenging the same order (s) on a number of grounds. These revisions remained pending on the record of this Court for a long period of time and on 7-1-2008, the petitions were withdrawn. It is also undisputed that these revision petitions were barred by time and delay was condoned. On 30-5-2007 the Hon'ble Chief justice ordered :-

(3.) ULTIMATELY, on 7-1-2008, Criminal revisions No. 46 of 2007 and 117 of 2006 were dismissed as withdrawn. The Court records :-