( 1 ) THESE two criminal revisions one on behalf of the State of U. P. and the other on behalf of Sri Gorey tal, M. L. A. , are directed against an order passed by Sri Prem Singh, II Judicial Magistrate, Etawah on 24. 10. 1983 in criminal case No. 254 of 1981 giving rise to S. T. No. 237 of 1983, whereby the learned Magistrate allegedly rejected the prayer of the Public Prosecutor and refused to accord consent to him for withdrawing from the prosecution of the case. Since both the revisions arise out of one order and the controversy involved is the same, they are being disposed of by this common judgment.

( 2 ) BRIEFLY stated, the facts of the matter are that a charge sheet was filed in the court of IVt Munsif - Magistrate, Etawah, under Sections 332, 333, 353, I. P. C. read with Section 7 of the Criminal Law Amendment, against - Sri Gorey Lal, M. L. A. The case was investigated by the C. I. D. , which submitted this charge sheet. The case started on the basis of the F. I. R. , which was lodged in the police station, Bharthana, district Etawah, on 3. 12. 1981 at 2. 25 p. m. in respect of an occurrence that had taken place the same day at 2. 05 p. m. The maker of th