Case: Ghanshyam Vs. State Of M.P.

3. Brief facts which are necessary to dispose of the appeal are recapitulated as under:A writ petition was filed by respondent no.3 Surya Prasad son of Hariram, aged about 82 years, in which he had complained about the inaction on the part of the police authorities of the police station, Morar in not registering his complaint and taking action against the persons who had caused injuries to him and his sons. It was stated in the writ petition that on 8.11.1986, respondent no.3 and his sons were attacked. They sustained injuries and thereafter respondent no.3 was medically examined. In spite of filing the complaint, the police authorities of the Morar police station neither registered any case nor took any action against the accused but in fact the police people protected the accused persons. In the writ petition, he had prayed that justice be done to him and the accused be punished.4. Learned Single Judge of the High Court after considering the facts and circumstances of the case, issued notice in the writ petition and directed the Director General of Police, Madhya Pradesh, Bhopal to appoint a senior officer from the Police Headquarter to conduct an enquiry into the matter. Accordingly, the Deputy Inspector General of the Central Intelligence Department, Gwalior (for short "DIG, CID") conducted an enquiry and submitted a report. Respondent no.3 herein (petitioner in the writ petition) submitted an objection indicating that instead of getting the matter inquired from the Police Headquarter, the respondents improperly had got the investigation carried out from the local police officer. The learned Single Judge held that once it was established that respondent no.3 had sustained injuries in the incident and injuries on his person were confirmed on the medical examination, the police authorities of the Morar police station ought to have registered a case and taken appropriate steps in accordance with law. On the basis of the final report of the inquiry, the learned Single Judge directed the Superintendent of Police, Gwalior to register a case in the Police Station of competent jurisdiction and take action in accordance with law.5. The appellant had filed an application bearing M.C.C. No.473 of 2005 for recalling of an order dated 08.8.2005 passed by the learned Single Judge in the writ petition no.1356 of 2004 whereby respondent no.2, the Superintendent of Police, Gwalior, M.P. was directed to register a case and conduct investigation. After hearing the appellant, the learned Single Judge arrived at definite finding that there was no ground to recall the order and dismissed the petition.6. Being aggrieved by the order dated 08.8.2005 passed in the Writ Petition No.1356 of 2004 and the order dated 23.9.2005 passed in M.C.C. No.473 of 2005, the appellant has preferred this appeal.

Reasoning: 13. On careful scrutiny of the impugned judgment of the High Court passed in the criminal revision petition No. 84 of 1989, it is abundantly clear that the court was not oblivious of its supervisory duty while adjudicating the application under section 321 Cr.P.C. filed by the Public Prosecutor. The relevant observations of the court are asare social and economic reasons behind every crime. However, if the Public Prosecutor feels that withdrawal of prosecution fulfills the social purpose completely, then it will be proper to accept the application for withdrawal of prosecution. It is also to be seen that Public Prosecutor is not misusing his wisdom while withdrawing the case for prosecution.The discretion to withdraw from the prosecution is that of the Public Prosecutor and none else, and so, he cannot surrender that discretion to any one. The Public Prosecutor may withdraw from the prosecution not merely on the ground of paucity of evidence but on other relevant factors as well in order to further the broad ends of justice, public order, peace and tranquility. The High Court while deciding the revision petition clearly observed that the material already available on record was insufficient to warrant conviction. The flow of facts and the possible result thereof as noticed by the Public Prosecutor and appreciated by the Courts below, constituted the public interest in the withdrawal of the said prosecution. The High Court clearly came to the conclusion that the application for withdrawal of the prosecution and grant of consent were not based on extraneous considerations.The appellant obviously was aggrieved by the said order of the High Court because he feared that now a case would be instituted against him, therefore, he had moved the High Court for recalling of the order dated 8.8.2005 passed in Writ Petition No. 1356 of 2004. The said application for recalling the order was dismissed by the High Court. The appellant is now seriously aggrieved by the judgment and order passed in the writ petition and thereafter in the application for recall respectively, has preferred these appeals before this Court.18. According to the appellant, the High Court ought not to have passed any direction in the writ petition filed by respondent no. 3 because it was filed after undue delay.It would be appropriate to mention at this juncture that the Additional Sessions Judge permitted withdrawal of the prosecution on an application moved by the Public Prosecutor under section 321 Cr.P.C. The appellant had moved a criminal revision petition before the High Court. The order of the High Court was passed in the year 1991 and the appellant never challenged that order in the last 15 years before this Court. Therefore, the appellant is wholly unjustified in making any grievance in respect of the prosecution which had already been withdrawn against the respondent no.3 a long time ago and the said order was affirmed by the High Court and no proceedings were taken against the said judgment of the High Court.