Public Prosecutor must provide reasons for withdrawing prosecution, ensuring it serves public interest and justice, particularly in cases with significant criminal histories.

JUDGMENT :

(Arun Kumar Singh Deshwal, J.)

1. Heard Sri Ram Prasad Yadav, learned counsel for the applicant and Shri Pankaj Shukla, learned counsel for opposite party no. 2 and Shri Pankaj Srivastava, learned learned A.G.A. for the State and perused the record.

2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 04.09.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 1, Basti in Case No. 1119 of 2017 (State Vs. Dilip Singh), under Sections 384, 352, 504, 506 IPC arising out of Case Crime No. 419 of 2007, P.S.- Paikoliya, District- Basti as well as quash the order dated 31.08.2018 passed in Criminal Revision No. 122 of 2017 (Dilip Singh Vs. State of U.P. and another) and prayer made to allow the application under Section 321 Cr.P.C.

3. The contention of learned counsel for the applicant is that while rejecting the application of the State under Section 321 Cr.P.C., the court below had not considered the fact that on the basis of material no case is made out against him and this fact was ignored by the revisional court and both the impugned orders are absolutely erroneous.

4. Learned counsel for the opposite party no. 2 has submitted that while filing the application under Section 321 Cr.P.C. State has not mentioned the reason for withdrawing the prosecution. As the prosecution can be withdrawn under Section 321 Cr.P.C. in public interest as there is no public interest involved in this case. Therefore, the application under Section 321 Cr.P.C. of public prosecutor was rightly rejected by the court below and revision of the applicant was also rightly rejected. It is further submitted that the trial is advanced stage and statement of the the accused -applicant has been recorded under Section 313 Cr.P.C. It is further submitted that the applicant is history sheeter, having 32 cases against him therefore, State has for mala fide reason, moved an application to withdraw the prosecution through the Government Order dated 06.05.2013. Therefore, court below has rightly rejected the withdrawal application.

5. Learned AGA has also supported the argument of counsel for opposite party no.2.

6. Having heard learned counsel for the parties and the perused the material on record, it appears that FIR was lodged by opposite party no. 2 against the applicant under Sections 384, 506 IPC and subsequently after the investigation, police had submitted charge sheet against the applicant under Sections 384, 352, 504, 506 IPC and during the pendency of the trial, State has filed an application under Section 321 Cr.P.C. seeking permission of court to withdraw the prosecution against the applicant on the ground that the State has decided to withdraw the prosecution against the applicant through Government Order dated 06.05.2013. In that application the public prosecutor has not mentioned any reason or public interest for withdrawal of prosecution against the applicant, though it is the duty of public prosecutor as per the judgment of Apex Court in the case of Abdul Wahab K. Vs. State of Kerala and others, (2018) 18 SCC 448. Paragraph No. 15 of Abdul Wahab (supra) is being quoted as under:-

"15. From the aforesaid authorities, it is clear as crystal that the Public Prosecutor or an Assistant Public Prosecutor, as the case may be, has an important role under the statutory scheme and is expected to act as an independent person. He/she has to apply his/her own mind and consider the effect of withdrawal on the society in the event such permission is granted."

7. State has power to withdraw the prosecution under Section 321 Cr.P.C. at two stages, one is at before the framing of charge or after the framing of charge.

8. Section 321 Cr.P.C. is quoted hereinunder:-

"The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the o