Heard learned counsel for the applicant and learned A.G.A.
The present application has been filed with the prayer to issue a direction to Judicial Magistrate-III, Faizabad to decide the application dated 16.03.2021 moved by the Assistant Prosecution Officer for withdrawal of the case No.2717 of 2017 of Case Crime No.680 of 2011, under Sections 147/341 I.P.C. and Sections 3/4 of Prevention of Damage to Public Property Act, Police Station Gosai Ganj, District Faizabad expeditiously.
Learned counsel for the applicant has submitted that vide order dated 10.02.2021, State Government decided to withdraw the prosecution under Section 321 Cr.P.C. and notification was issued which is annexed at annexure No.5 to the application. Thereafter, the aforesaid notification was placed before the court below by the Assistant Prosecution Officer along with the application dated 16.03.2021, but till today the aforesaid application has not been decided.
List this case on 01.11.2021.
In the meantime, Judicial Magistrate-III, Faizabad is directed to send the present status of the aforesaid application in Case Crime No.680 of 2011, under Sections 147, 341 I.P.C. and Sections 3/4 of Prevention of Damage to Public Property Act, P.S. Gosaiganj, District Faizabad.
Office is directed to communicate this order to the court below for necessary compliance forthwith.
Order Date :- 26.10.2021 S. Shivhare