This is a revision against the refusal of 'The learned District Magistrate to withdraw the case against respondents Nos.2 to 8. It is argued that the learned District Magistrate passed an order on the note put up by the Superintendent of Police whereas an order should have been passed on the recommendation of the Public Prosecutor.
2. The complainant filed this application. It was addressed to the learned District Magistrate who forwarded it for comments and on receipt of it he agreed with the note of the Superintendent of Police. The application for withdrawal was not competently filed. According to the provisions contained in section 494 Cr.P.C. It should have been filed with the Public Prosecutor to be dealt with according to law. This can be done now. This revision petition has no force. It is dismissed in limine.