Law: Criminal Procedure Code (V of 1898)

Section: 494,439

  Criminal Procedure Code (V of 1898)-----Ss. 494 & 439 Withdrawal from prosecution-"Consent" within meaning of S. 494 must be one freely given by free and independent Magistrate and not by one surrendering his authority to his superiors-Reasons for withdrawal should be considered on judicial grounds and should not be arbitrary or mechanical-Ground of "public policy" or "interests of administration"-Not sufficient or proper ground for withdrawal Order of discharge of accused under S. 494-Judicial order-High Court, in revision, competent to go into matter and judge for itself whether order of discharge proper or otherwise.   An order under section 494, Criminal Procedure Code, 1898 consenting to withdrawal of the case is a judicial order and so to be a judicial order there must be reasons underlying it. These reasons should be capable of articulate expressions, and there must be an indication in the order itself whether the Magis trate's discretion has been rightly exercised. The consent within meaning of section 494, Cr. P. C. means consent freely given by a free and independent Magistrate who must not surrender his authority to the District Magistrate, but must act judiciously and arrive at his own independent conclusion on a consideration of all the relevant circumstances whether the withdrawal ought to be permitted. Where, therefore, an order under section 494, Cr. P. C. by a Resident Magistrate was not given with due considerations to all aspects of the case but was primarily occasioned by the order of the District Magistrate, which in turn gave no considera tions nor took into account the seriousness of the prima facie case against the accused and of the injury on the person of one of the complainant party it was held that there was no justification in law for the withdrawal of the prosecution case and the order passed under section 494, Cr. P. C. was, therefore, illegal.   Fukirchand v. Murad Umar & Sons A I R 1940 Sind 233 ; Emperor v. Sitaldas A I R 1943 Sind 109 ; Emperor v. Milanmal Hardasmal A I R 1943 Sind 161; Crown v. Babu and others P L D 1956 Kar. 385 and Awaz Gul v. Habib Khan P L D 1959…