MADAN MOHAN AND FIVE ORS. Vs. RAM SINGH AND ANR.

JUDGEMENT

(1.) Both these petitions are being disposed of by the common judgment on the ground that the Petitioners in both the petitions have assailed the same order passed in criminal case instituted against the present Petitioners in Cr.M.P.(M) No. 85 of 1995 through F.I.R. No. 135/91 of Police Station, Amb.

(2.) The brief facts giving rise to the present proceedings are that a case vide F.I.R. No. 134/91 dated 8th December, 1991 under Ss. 147, 148, 149, 325 and 506 of the Indian Penal Code was registered at Police Station, Amb, against Ram Singh son of Shri. Thakur Dass and others. This Ram Singh son of Shri. Thakur Dass is Respondent No. in Cr.M.P.(M) No. 85 of 1995. In that trial, charges had been framed against the accused persons including this Ram Singh Respondent, referred to above. On 20th November, 1993 an application was preferred under Sec. 321 of the Code of Criminal Procedure by the learned Assistant Public Prosecutor, seeking permission to withdraw the case against the accused persons, which was allowed and as a consequence thereof, accused were acquitted.

(3.) Another case at the instance of aforesaid Respondent Ram Singh was registered against the Petitioners in Cr.M.P.(M) No. 85 of 1995 vide F.I.R. No. 135/91 dated 8th December, 1991 under Ss. 147, 149, 323, 506, 325 and 365 of the Indian Penal Code. After filing of the challan, in this case also charges had been framed against the accused persons. During the trial of the case, in this case also, an application under Sec. 321 of the Code of Criminal Procedure was filed by the learned Assistant Public Prosecutor on 2nd August, 1994 which was contested by the informant Ram Singh and after hearing the parties, learned trial Magistrate, came to the conclusion that reasons disclosed in the application for withdrawal by the learned Assistant Public Prosecutor were not genuine and necessary permission was not given. The trial Magistrate, dis -allowed the prayer on 20th August, 1994. This order was assailed in a revision petition before the learned Sessions Judge, who after hearing the parties, dismissed the revision petition.