The main legal point established in the judgment is that the discretion under Section 321 of the Cr.P.C. must be exercised in the interest of public policy and justice, ensuring that the withdrawal from prosecution is in the public interest and not to thwart or stifle the process of law.

JUDGMENT

Sureshwar Thakur, J. (Oral). - Through the instant petition cast under Section 482 of the Cr.P.C., the petitioner prays for quashing, and, setting aside of dis-affirmative concurrent orders, recorded respectively by the learned Judicial Magistrate Ist Class, Rohtak, and, by the learned Additional Sessions Judge, Rohtak, upon the public prosecutor's application cast under Section 321 of the Cr.P.C.

2. The genesis of the prosecution case becomes rested, upon, a FIR bearing No.0068 of 15.02.2016, registered at Police Station Sampla, embodying therein offences constituted under Sections 8A of the National Highway Act, 1956, and, under Sections 283, 341, 147, 149 of the IPC. Since the FIR is laconic thereupon, it is reproduced hereinafter.

"To, SHO, Police Station, Sampla, Jai Hind. Today I, SI alongwith EHC Narender No. 465 and EASI Rameshwar 873 was present at Eastern bypass Chowk, NH-10 at Sampla in connection with law and order duty, where at Sampla Chowk the agitationist of Jat agitation had blocked the road. They after opening the Jam went to Choturam Museum and again the mob of 100/150 people Jammed the road and started raising slogans and started stopping the vehicles which are coming and going and further stopped the passer by, from the mob Sanjay Dalal, Bullar Pehalwan, Pappu r/o village Mandothi, Manoj Duhan Advocate R/o Jasia, Anil Asauda Politician of Aam Aadmi Party and Ramesh Dalal were not allowing the Jam to open. And the mob is also stopping the vehicles on the asking of above said persons. On the spot Sh. Amit Kumar Dahia, Deputy Superintendent of Police Rohtak and Managing officer Rajbir Singh, Duty Magistrate Subhash Tehsildar Sampla also tried to make them understand to open the Jam but they didn't understand and Manoj Duhan Advocate and Sudip Kalkal Rohtak started raising more provoking slogans and said that they will open the jam only when they will get the Reservation otherwise not. That the Mob blocked the NH-10 from both the sides stopping the commuters to move. Thus they have committed an offence under Section 147, 149, 283, 341 of IPC and Section 8 NH Act. Therefore this Ruka is hereby sent to police station through EASI Rameshwar 873 for registration of FIR. FIR no. be given after registration. Sd/- Dharmbir Singh, SI, P.S. Sampla, Dated 15.12.2016 at 5.45pm."

3. The date of making of the FIR is in the year 2016, when the agitation made by the Jat community in Haryana for seeking the making of reservations in their favour in public employment(s), rather was at its zenith.

4. The investigating officer concerned, after completing investigations into the FIR (supra), though took to institute an affirmative report under Section 173 of the Cr.P.C., before the learned Magistrate concerned. However, at the pre- charge stage, the learned Public Prosecutor concerned, proceeded to institute an application cast under Section 321 of the Cr.P.C., seeking therein the leave of the Court, to permit the prosecution to withdraw from prosecuting the accused qua the offences constituted in the FIR (supra).

5. The learned trial Magistrate concerned, through an order made thereons, on 22.05.2018, declined to the Public Prosecutor concerned, the asked for relief. The aggrieved one Ramesh Dalal, preferred a revision there against, before the learned Additional District and Sessions Judge, Rohtak. The latter through an order, made on 03.02.2022, upon CRR/26/2019, declined to grant relief to the aggrieved, and, rather proceeded to affirm the order made initially by the learned Judicial Magistrate, Rohtak.

6. Consequently, as afore stated the above made concurrent dis- affirmative orders, upon the prosecutor's application cast under the provisions (supra), bring pain to the aggrieved, and, lead him to institute a petition cast under Section 482 Cr.P.C., before this Court.

7. Both the learned Courts below though have proceeded to analyze the expostulations of law carried in a catena of verdicts, hence governing, and, regul