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2008 Supreme(Gau) 163

P.K.MUSAHARY
Learned Public Prosecutor, In re. – Appellant
Versus
. – Respondent


Advocates Appeared:
A.Ghosh

1. Heard Mr. A. Ghosh, learned Addl. Public Prosecutor, Govt. of Tripura for the petitioner.

2. This application has been filed under section 482 of the Code of Criminal Procedure for exercising inherent power of this Court and allow the prosecution to withdraw in respect of two accused persons namely, Matilal Debbarma and Ranjit Debbarma who were implicated in GR 395 of 2003 which is pending in the Court of learned Judicial Magistrate 1st Class, Dharmanagar, North Tripura.

3. It is stated at the Bar that an application was filed before the learned Judicial Magistrate 1st Class, Dharmanagar, North Tripura by the Assistant Public Prosecutor to withdraw from the prosecution against the aforesaid two accused persons and the same was rejected by the learned Judicial Magistrate 1st Class by an order dated 25.11.2005. Against the aforesaid order of rejection another application was filed before the learned Additional Sessions Judge, North Tripura, Dharmanagar by the learned Addl. Public Prosecutor and the said application was registered as Criminal Revision No. 2(1) of 2007. After hearing the learned Addl. Public Prosecutor, the learned Addl. Sessions Judge passed judgment on 28.3.2007 rej














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