JUDGMENT

Ram Manohar Narayan Mishra, J.

By means of instant Criminal Revision the revisionists who are accused Session Trial No.92 of 2003, (State v. Surenda Bir Singh and others) have assailed the order dated 15.12.2011 passed by learned Additional Sessions Judge, Court No.26, Allahabad, whereby the application of Public Prosecutor/Assistant DGC (Criminal) under Section 321 Cr.P.C. seeking withdrawal of prosecution has been dismissed.

2. Learned counsel for the revisionists, learned counsel for the respondent No.2 and learned A.G.A. for the State.

3. The factual matrix of the case in brief are that defacto complainant (X) wife of Shyam Babu Mishra filed an application before JMI Allahabad under Section 156(3) Cr.P.C. with averment that she lives in the house of accused Dr. R.R. Maurya as a tenant for last two years at Nawabganj, Allahabad, her husband is a police constable. Complainant was having good relationship with accused Dr. R.R. Maurya and his family, marriage of nephew of Dr.R.R.Maurya was solemnized six months ago, wherein the complainant spend Rs.25,000/- towards crackers and hiring of vehicles. On asking of accused Dr.R.R.Maurya, but after lapse of one month when she demanded the money spent by her, he stated that he will pay the money within one or two months. However, even after lapse of next two months, he did not pay the money and on making demand by the complainant he firstly adopted procrastinating attitude and subsequently the doctor and his family members had asked her to vacate the house otherwise they would implicate her husband and kill them. On 28.04.2001 Vikram Bahadur Singh the nephew of said Dr.R.R. Maurya trespassed into the house of the complainant and tried to commit rape on her, when she shouted to this, the other accused Dr. R.R. Maurya, Vikram Bahadur Singh, Surendra Bir Singh Maurya, Harendra Pratap Singh and his compounder Ramesh Kanaujiya barged into her portion of house, they dashed her on floor and attempted to commit rape on her. When her husband came back to home after his duties, he reached the spot accompanied by some other person who saw that accused persons were grabbing hold of the complainant. The accused persons left the place on arrival of husband of the victim and other witnesses, but they gave threat that they would implicate her husband in some false case and if she dares to report, they would kill her.

4. An FIR was registered at Police Station at P.S. Nawabganj, on the basis of order passed by learned Magistrate on the application under Section 156(3), at Police Station Nawabganj under Section 376 , 511, 506 of I.P.C. on 17.04.2002 at 19-20 hours against Vikram Bahadur Singh, Surendra Bir Singh Maurya, Dr. R.R. Maurya, Harendra Pratap Singh. The police investigated the case and recorded statement of the complainant and witnesses. The name of accused Vikram Bahadur Singh was dropped during investigation, as in the statement of witnesses it emerged that he was employee in Secretariat Lucknow, the said incident occurred on a working day and during that period session of Assembly was running from morning to 09:00 pm and he was residing in Lucknow at that time. The police submitted chargesheet against other accused persons named in the FIR namely Surendra Bir Singh Maurya, Dr. R.R.Maurya, Harendra Pratap Singh and Ramesh Kanaugiya for said charges. The matter