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2023 Supreme(Raj) 1810

ANIL KUMAR UPMAN
State of Rajasthan – Appellant
Versus
Narendra Meghwal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ghanshyam Singh Rathore
For the Respondent: Naman Yadav

ORDER :

1. By way of this Criminal Misc. Petition under section 482 of the Code of Criminal Procedure, 1973, the petitioner who is a Government Advocate-cum-AAG has filed the misc. petition with the following prayer:

    “It is therefore most humbly prayed that the hon'ble court be pleased to grant leave to the petitioner to withdraw from prosecution in criminal case no. 896/2018 currently pending before learned Judicial Magistrate, Ramganj Mandi, District Kota, registered pursuant to fir no. 224/2012 at Police Station Morak, District Kota.

    Any other order or relief, which this Hon'ble High court deems fit and proper, may also kindly be passed in favour of the petitioner.”

2. Learned GA-cum-AAG Mr. G.S. Rathore, submits that public agitation was in the public interest and public at large including the accused-respondents were agitating for several public issues relating to the condition of roads, electricity, health, and etc. Shri Rathore further submits that the agitation was for a public cause and in the interest of public at large and the accused respondents had no personal interest in the agitation. Therefore, leave to withdraw the prosecution may be granted. He further submits that ac

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