The main legal point established in the judgment is the requirement of written permission from the State Government for withdrawal from prosecution under Section 321 Cr.P.C., emphasizing the prosecutor's discretion, application of mind, and the court's supervisory function in granting consent to withdrawal.

V.K. Bist, J.

These Criminal Revisions are directed against the judgment and order 21.02.2017 & 21.03.2017 passed by the learned Second Additional Sessions Judge, Haldwani, District Nainital, in Sessions Trial No. 150 of 2009 “State Vs. Virendra Singh and others” & in Sessions Trial No. 152 of 2009 “State Vs. Hargovind Negi and others”, whereby the applications moved by the learned Additional District Government Counsel (Criminal) to withdraw the prosecution under Section 321 Cr.P.C. has been rejected by the said Court. Prayer has been made in Criminal Revision No. 173 of 2017 for acquitting the accused persons named in chargesheet no. 57 of 2009 pursuant to the F.I.R./Case Crime No. 47 of 2009, punishable under Section 147, 148, 149, 332, 333, 336, 341, 353, 395, 397, 412, 427, 435, 34, 120-B of I.P.C., under Section 7 of the Criminal Law Amendment Act and under Section 3 of the Prevention of Damage of Public Property Act, P.S. Kaladhungi, District Nainital. In Criminal Revision No. 170 of 2017 prayer is made for acquitting the accused persons named in chargesheet no. 56 of 2009 pursuant to the F.I.R./Case Crime No. 48 of 2009, punishable under Section 147, 148, 149, 307, 302, 396, 333, 332, 353, 336, 436, 427, 412, 34, 120-B of I.P.C., under Section 7 of the Criminal Law Amendment Act and under Section 3 of the Prevention of Damage of Public Property Act, P.S. Kaladhungi, District Nainital.

2. F.I.R. Nos. 47 of 2009 and 48 of 2009 were registered at Police Station Kaladhungi on 23.08.2009. The case of the prosecution is that on 23.08.2009 at about 09:00 a.m., police received information that some people have blocked the highway near the village Chakluva in protest of the murder of Balwant Singh Kanyal, Block Pramukh. On this information, Harish Chandra Sati, C.O., Ramnagar, S.I. Sunder Singh Rawat and S.H.O., Ramnagar, reached at the place of occurrence along with police force, where about 500-600 people had assembled. They were being led by the accused/revisionists and other persons. These people were identified by the police. These people were armed with lathi, danda, sickle, axe, pistol and canes of petrol and kerosene oil. They were raising slogans against the police and were also abusing the police. Circle Officer tried to make them understand but they remained adamant and became violent. Carbine of Head Constable Kishore Tiwari was snatched. The mob attacked the police party in which many police personnel, including the complainant, received injuries. One Head Constable Pooran Lal was beaten by mob, who died on the spot. A bus of roadways was also set on fire by the mob. With these averments F.I.R. No. 47/2009 under Section 147, 148, 149, 397, 336, 427, 341, 332, 333 I.P.C., Section 7 of Criminal Law Amendment Act and Section 3 of PPDP Act was lodged with P.S. Kaladhungi against 15 known persons and other unknown persons. Another F.I.R., being F.I.R. No. 48/2009, was also filed regarding the said incident against the accused persons. After registration of F.I.R., the matter was investigated by the Investigating Officer and he submitted the chargesheet. The Investigating Officer submitted the charge sheet on 14.10.2009 against the accused persons, including revisionists under Section 147, 148, 149, 395, 397, 336, 427, 341, 353, 332, 333, 435, 34 & 120 B of I.P.C., Section 7 of Criminal Law Amendment Act and Section 3 of PPDP Act. The Investigating Officer also submitted the chargesheet in the connected case on 12.09.2009 against the accused persons, including revisionists under Section 147, 148, 149, 307, 302, 396, 333, 353, 336, 412/34, 436, 427, 332, 120 B of I.P.C. and Section 7 of the Criminal Law Amendment Act and 3 PPDP Act. Learned Chief Judicial Magistrate, Nainital took cognizance of the offence on the charge sheet submitted by the Investigating Officer and the case was committed to the Court of Sessions and Session Trial no. 150 of 2009 and 152 of 2009 were registered against the accused persons. Durin