Chattisgarh High Court
State Of Chhattisgarh vs Chintaram Chandrakar on 23 January, 2019
1
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 747 of 2015
State of Chhattisgarh, through the District Magistrate, Durg, District
Durg (C.G.) ---- Petitioner
Versus
1. Chintaram Chandrakar S/o Kejuram Chandrakar, Aged about
62 years, R/o Village Sirsakala, Police Station Bhilai-3, District Durg
(C.G.)
2. Khilawan Singh Sahu S/o Late Chaitram Sahu, aged about 58
years, R/o Village Urla, Police Station Bhilai-3, District Durg (C.G.)
---- Respondents
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For Petitioner/State : Shri Ghanshyam Patel, G.A. For Respondents : Shri Avinash Chand Sahu, Advocate.
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Hon'ble Shri Justice Goutam Bhaduri Order On Board 23.01.2019
1. The present petition is against the order dated 29.01.2015 whereby the application to withdraw from the prosecution was dismissed by the Judicial Magistrate, First Class- Durg, and was affirmed by the Additional Sessions Judge, Durg.
2. Perusal of the order of Additional Sessions Judge, Durg would show that the Court has observed that on the printed proforma by filling the blanks the application for withdrawal was filed which prima-facie shows that there was no application of mind by the public prosecutor. The State counsel after perusal would submit that they may be given liberty to move a duly constituted application before the Court below if desired, so that the law laid down by the Supreme Court in AIR (2014) SC 2 3437 is complied with apart from the law laid down by the Court in Cr.M.P. No. 223/2014.
3. Perused the documents and application for withdrawal filed by the prosecution. From the perusal it appears that it was in the printed proforma with fill in the blanks. The same do not satisfy the concious of this Court for withdrawal. Under these circumstances, the petition is disposed of with liberty to the State to file duly constituted application under Section 321 of Cr.P.C. if they so desire and do not want to prosecute the case and want to withdaw from the prosecution.
4. With the aforesaid observation, the petition stands disposed of.
Sd/-
(Goutam Bhaduri) Judge Priyanka