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2017 Supreme(MP) 298

VIVEK AGARWAL
Sukha Dhakad – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner:Shri Sunil Kumar Jain, Advocate.
For the Respondents:Shri Harish Dixit, Learned Government Advocate.

ORDER :

Vivek Agarwal, J.

1. Petitioner has filed this writ petition being aggrieved by the order dated 08.03.2013 passed by the learned Sessions Judge, Shivpuri in Criminal Revision No.15/13, whereby the revision filed by the present petitioner was dismissed, which was filed being aggrieved by the order dated 15.12.2012 passed by the Judicial Magistrate First Class Kolaras in Case No.992/09, whereby JMFC Kolaras had permitted withdrawal of Case No.992/09, which was permitted to be withdrawn under the provisions of Sections 341, 294, 323 and 506 (Part-II), IPC on an application moved by the Public prosecutor under the provisions of Section 321, Cr.P.C.; whereas it is petitioner’s case that on the same date, respondent Karan Singh had lodged a report against him under the provisions of Sections 451, 294, 323 and 506 (Part-II), IPC and Criminal Case No.1070/09 was under consideration, yet despite there being cross-case, the State only permitted withdrawal of one case leaving another case to continue. Revision was dismissed by the learned Sessions Judge on the ground that it is the prerogative of the Public Prosecutor to move an application for withdrawal of the very prosecution and the






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