IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.Rev.Pet.No. 2430 of 2008() ------------------------------ AGAINST THE ORDER DATED 21.05.2008 IN CRL.M.P.259/2007 IN SC.144/2007 of ADDL. SESSIONS COURT, MANJERI .................... REVN. PETITIONER: RESPONDENTS/ACCUSED ---------------------------------------------------- 1. MUHAMMED @ BAPPU HAJI, S/O.KUNHAMMU HANI PALLIYALIPAEEDIYEKKAL KARALAYI HOUSE, MELMURI, CHOLAKKAPARA. 2. ABDU HAJI, S/O.MUHAMMED @ BAPPU HAJI, PALLIYALIPEEDIYEKKEL KARALAYI HOUSE, MELMURI, CHOLAKKAPARA. 3. SAMEER, S/O.MUHAMMED @ BAPPU HAJI, S/O.KUNHAMMU HAJI,PALLIYALIPEEDIYEKKEL KARALAYI HOUSE, MELMURI CHOLAKKAPARA. 4. HAMZA, S/O.MUHAMMED @ BAPPU HAJI, PALLIYALIPEEDIYEKKEL KARALAYI HOUSE, MELMURI, CHOLAKKAPARA. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENTS: RESPONDENTS ----------------------------------- STATE OF KERALA (CRIME NO.128/2007, S.I.OF POLICE, MALAPPURAM POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 2430 of 2008 ========================== Dated this the 31st day of July, 2008. ORDER The revision petitioners are accused Nos. 1 to 4 in S.C. No. 144 of 2007 on the file of the Sessions Court, Manjeri arising out of crime No. 128 of 2005 of Malappuram Police Station for an offence punishable under Section 307 r/w Section 34 IPC. The occurrence in the case took place on 06.03.2005 at 12 noon at Cholakkappara in which the de facto complainant and the injured were allegedly attacked by the petitioners with sticks and iron rods in the course of which one Kunhammad was injured. The counter case arising out of the same occurrence was registered by the Malappuram police as Crime No. 129 of 2005 for offences punishable under Sections 143, 148, 323 and 324 r/w Section 149 IPC. However, after investigation the said crime No. 129 of 2005 ended in a refer report filed by the police. Thereafter, the 2nd accused herein who is the 2nd revision petitioner, preferred a private complaint against the acceptance of the refer report by the Magistrate and the learned Magistrate has taken cognizance CRL.R.P.NO. 2430/2008 : 2: of the said offence on the private complaint and has taken the case on file as C.C. No. 525 of 2007 before Judicial First Class Magistrate, Malappuram. 2. While matters stood thus, the Government of Kerala granted no objection certificate to the Prosecutor in charge of Sessions Case No. 144 of 2007 while the same was pending as C.P. No. 14 of 2006 before the Judicial First Class Magistrate, Malappuram for withdrawal of the prosecution under Section 321 Cr.P.C. It is the admitted case that the occurrence took place out of political rivalry between two groups of political parties. After the Government granted no objection certificate to the Public Prosecutor in charge of the Sessions Case No. 144 of 2007, he filed C.M.P. No. 259 of 2007 before the Additional Sessions Court, Manjeri where the case is pending seeking consent to withdraw the prosecution in S.C. No. 144 of 2007. The said request has been turned down by the trial court mainly for the reason that the withdrawal of the prosecution cannot be granted keeping the counter case C.C. No. 525 of 2007 still pending before the learned Magistrate. Thus, the Sessions Court rejected the CRL.R.P.NO. 2430/2008 : 3: request for consent as per the impugned order dated 21.05.2008. It is the said order which is assailed in this revision by the petitioners/accused in S.C. No. 144 of 2007. 3. When this revision came up for admission, the learned counsel appearing for the revision petitioners submitted that the 2nd accused who has filed the private complaint pending as C.C. No. 525 of 2007 before the Judicial First Class Magistrate, Malappuram, is willing to withdraw the said complaint for which purpose he will take appropriate steps before the Magistrate. The said submission is recorded. This revision is accordingly disposed of directing the Sessions Court, Manjeri to grant the consent sought in C.M.P.No. 259 of 2007 if a fresh motion in that behalf is made by the Prosecutor in charge of the case after reporting the withdrawal of C.C. No. 525 of 2007 before the Judicial First Class Magistrate, Malappuram by the complainant therein. Dated this the 31st day of July, 2008. V. RAMKUMAR, JUDGE. CRL.R.P.NO. 2430/2008 : 4: rv