Special Leave Petition Crl
1682 And 3120 of 1983
377 From the Judgment and Order dated 1241983 of the Punjab and Haryana High Court in Crl
Revision No 1427  1428 of 1980
Govind Mukhoty and Sarva Mitter for the Petitioners
MC Bhandari Harbans Lal Dr YS Chitale CV Subba Rao SK Bisaria Ravindra Bana and NS Das Bahl for the Respondents
The Order of the Court was delivered by These two special leave petitions and a writ petition were filed for a common purpose the writ petition question ing the vires of section 321 of the Code of Criminal Proce dure of 1973 and these two special leave petitions question ing the correctness of the order of the High Court by which it affirmed the order of the Chief Judicial Magistrate of Bhiwani according permission under the same section 321 for withdrawal of a prosecution against the respondents except ing the State of Haryana
We have already dismissed the writ petition and now proceed to dispose of the special leave applications
As lengthy arguments were advanced we propose to make a brief but speaking order
Having heard learned counsel for the parties we are inclined to think that the order of the learned Chief Judi cial Magistrate was perhaps not appropriate in law
The High Court did go into the question afresh in its revisional jurisdiction but there could also be some arguments possible with reference to what the High Court has said
We are however definitely of the view that no useful purpose will be served in setting aside the order of the Chief Judicial Magistrate as affirmed by the High Court and in directing the prosecution to proceed as there is in our opinion no chance of ultimate conviction
Allowing such a prosecution to proceed will only be harassment to the parties and wast age of public time
Now we briefly indicate some features to justify this conclusion of ours
The incident is dated 241974
The First Information Report has been registered suo motu by the police in November 1977 after a gap of more than 3 12 years
The victims of the injuries were also accused of criminal offences said to have taken place at the same point of time and were produced before the Judicial Magistrate of Bhiwani on 341974
The Judicial Magistrate enlarged them on bail and finding in juries on their persons directed them to be medically exam ined
There is no material before us to show that the vic tims had complained to the learned Judicial Magistrate that the present accused persons were the authors of the injuries on them
We gave an opportunity to the petitioners to pro duce such material but with no result
For the first time 378 witnesses to the occurrence were examined towards the end of 1977 and beginning of 1978 during investigation
The learned counsel drew our attention to the fact that one of the accused persons happens to be the son of a polit ical figure wielding influence
We find that this fact did not deter the Judicial Magistrate in ordering release of the victims who had been produced before him as accused persons
The learned Magistrate also made an order for their medical examination and that was carried out
There is no justifica tion as to why a private complaint was not made contempora neously and the matter had to wait for 3 12 years for investigation on the basis of the First Information Report
The learned counsel also pointed out that Emergency had intervened and during that period a situation prevailed where the victims could not open their mouths
A period of more than 14 months intervened between the occurrence and the promulgation of emergency
A Commission was set up after the emergency had ended and holding a fresh elections a different political party had come to power
Following the report of the Commission this prosecution had been launched
The petitioners  learned counsel did not dispute the position that the finding of the Commission is not evidenced and no conviction can lie on the conclusion either
In these circumstances chances of con viction are too far fetched and bleak
We do not think it is in public interest that the prosecution should proceed
We may add that in a report under section 1738 of the Code the investigating agency has also indicated that adequate evidence has not been forthcoming to support the prosecu tion
It is thus not necessary to examine the legal aspect canvassed in the special leave petitions and argued during hearing
Both the petitions are dismissed
SR Petitions dismissed


Summary:
In respect of certain incident dated 241974 the First Information Report has been registered suo motu by the Police after 3 12 years on the basis of the report of Commission of Inquiry
The victims of the injuries were also accused of criminal offences said to have taken place at the same point of time who were produced before the Judicial Magistrate of Bhiwani on 2474 and were also medically examined
They did not file any private complaint though released on bail
Based on the report of the Investigating Agency under section 1738 of the Code of Criminal Proce dure Code the Public Prosecutor filed an application under section 321 of the Code for withdrawal of the prosecution case which was granted by the Chief Judicial Magistrate Bhiwani
The High Court also affirmed the said order
Hence the Special Leave Petitions
Dismissing the petitions the Court HELD In the facts and circumstances of the case it is in public interest that the Prosecution should not proceed with the prosecution
A report under section 1738 of the Code of Criminal Procedure by the investigating agency indicated that adequate evidence has not been forthcoming to support the prosecution which was commenced suo motu on the basis of a report of the Commission of Inquiry on whose finding no conviction can lie
The victims themselves who were the accused of criminal offences said to have taken place at the same point of time did not complain before the Magistrate concerned and did not file private complaints
The pica that one of the accused persons was the son of a political figure wielding influence did not deter the Magis trate in ordering release the victims in the earlier case
Further chances of conviction are too far fetched and bleak
378E B