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1951 Supreme(Raj) 52

WANCHOO, BAPNA
Amar Narain – Appellant
Versus
State – Respondent


Advocates Appeared:
S.P. Sinha assisted by Messrs Sri Narain Andley and Mohd. Raza, for Petitioner; G.S. Pathak, for State with M.R. Purohit, Government Advocate; C.L. Agarwal, for Non-petitioners Nos. 2, 3 and 4; Murli Manohar Vyas, for Non-petitioner No, 4; Bapu Bhai Desai

Wanchoo, C.J.—This is a revision by Sri Amar Narain Mathur against the order of Sri P.D. Pande, Special Judge, dated the 19th of January, 1951, by which he allowed the Public Prosecutor to withdraw from the prosecution of five criminal cases, which were pending in that Court. Consequent upon such withdrawal, the accused in those five cases have been discharged. The contention of the applicant is that the Special Judge did not apply his mind to the facts of the cases when he consented to the withdrawal of the Public Prosecutor, and, therefore, this Court should interfere and set aside the order of the Special Judge.

2. The opposite parties in this revision are the State of Rajasthan and seven other persons. A brief history of the facts, which have led to this revision, will be useful in understanding the case. His Highness the Rajpramukh promulgated the Rajasthan Special Criminal Courts Ordinance (No. XLIV of 1949) on the 8th of December, 1949. Under that Ordinance a Special Criminal Court was created on the 3rd of January, 1950, for the whole of Rajasthan, and Shri Pande was appointed Judge to this Court. On the 5th of January, 1950, five cases were allotted for trial of this Court









































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