Rajesh Bindal, J. - (1.) The State has filed the present petition impugning the order dated 31.1.2011, passed by learned Sessions Judge, Rupnagar, whereby the application filed by the petitioner under Sec. 321 Cr. P.C. for withdrawal of prosecution qua the respondents, was dismissed.
(2.) Learned counsel for the petitioner submitted that FIR No. 159 dated 2.7.2004 was registered on the statement of SI Ramandeep Singh, SHO, Police Station, Kharar under Ss. 302, 307, 148, 149, 109 and 120 -B of the Indian Penal Code and 25 of the Arms Act. Report under Sec. 173(2) Cr.P.C. was presented in the competent court on 8.8.2004. Charges were framed against the accused on 28.2.2007. Some of the accused, being aggrieved, filed writ petitions in this court, in which life and liberty of the petitioners therein was directed to be protected. The Director General of Police, Punjab, vide order dated 23.3.2007 directed for constitution of Special Investigating Team (for short, 'SIT') to submit its report. SIT found the case against the accused to be absolute false. On the basis of the report of SIT, two supplementary reports were submitted before the court. Discharge of the accused was also prayed for. It is the aforesaid application, which was rejected by the court below vide impugned order dated 31.1.2011.
(3.) In the aforesaid factual matrix, learned counsel for the petitioner submitted that once in view of various orders passed by this court and Hon'ble the Supreme Court in the petitions filed by the accused, SIT was constituted which, after thorough enquiry, found that in fact the accused already named in the FIR were not real culprits, as the offence had been committed by someone else, the State had rightly filed the application seeking withdrawal of prosecution. No one should have been made to face prosecution if he was not involved in the crime. It has direct relation with his liberty.;