IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Crl.Rev.Pet.No. 3786 of 2008() ------------------------------ AGAINST THE ORDER DATED 17/09/2008 IN CRMP.3572/2007 IN CC.439/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... REVISION PETITIONER(S): COMPLAINANT: ---------------------------------------------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY DIRECTOR GENERAL OF PROSECUTION MR.V.G.GOVINDAN NAIR BY PUBLIC PROSECUTOR MR. C.K.SURESH AND MR.K.M.FIROZ RESPONDENT(S): ACCUSED NO. 1 TO 9: ------------------------------------------------------------- 1. SUNIL RAJ, AGED 20 YEARS, S/O.SURESH BABU, MALAYAN VILAKAM HOUSE, VAKKOM VILLAGE, CHIRAYINKEEZHU TALUK. 2. MANIKANDAN, AGED 20 YEARS, S/O.BABU, KARIPARA KODUMOOLA THOPPIL HOUSE, ANDURKONAM VILLAGE, PALLIPURAM VILLAGE. 3. SARUN, AGED 21 YEARS, S/O.K.SAMIDHAN, ARUNODAYAM HOUSE, NEAR J.B.NURSING HOME, PUNALUR, KOLLAM DISTRICT. 4. SANOOJ, AGED 20 YEARS, S/O.ABDUL SALAM, ATTILKUZHI NAYANA HOUSE, ATTIPRA WARD, KAZHAKOTTAM VILLAGE. 5. RAFEEQUE, AGED 20 YEARS, S/O.M.KANI, T.C.43/933(T.C.61/600), PARUTHIKUZHI, KALIPANKULAM WARD, MANACAUD VILLAGE. Kss ..2/- ...2..... CRRP.NO.3786/2008 6. NIHAS, AGED 21 YEARS, S/O.SUBAIR, PULIMOOTIL HOUSE, MAYAM DESOM, KEEZHVILAM PANCHAYAT, CHIRAYINKEEZHU TALUK. 7. KRISHNA JYOTHI, AGED 20 YEARS, S/O.VIJAYAKUMARAN NAIR, T.C.19/21, CHEMPAKATHUVILA HOUSE, THIRUMALA THELLIYA BHAGAM, THIRUMALA VILLAGE. 8. SUNIL.P., AGED 23 YEARS, S/O.SUBHADRA, KATTAYIL SUNIL BHAVAN, ODANAVATTOM DESOM, KOTTARAKKARA TALUK. 9. KIRAN, AGED 20 YEARS, S/O.THRIVIKRAMAN NAIR, THIRUVONAM HOUSE, T.C.13/ 1850(J 46B), JYOTHIR NAGAR, KESAVADASAPURAM, PATTOM VILLAGE. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON 03/02/2009 PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3786 OF 2008 =========================== Dated this the 3rd day of February,2009 ORDER Revision is filed challenging the order dismissing CMP 3572/2007 in C.C.439/2004 by Judicial First Class Magistrate-III, Thiruvananthapuram. CMP was filed by the Assistant Public Prosecutor to withdraw the prosecution against nine accused in the case. Learned Magistrate dismissed the application stating that there is no material to show that the prosecutor has applied his mind and no reason is stated to convince the court that it is in the interest of public justice to withdraw the prosecution. The application filed by the Assistant Public Prosecutor only shows that the State Government has informed that they have no objection to withdraw the case and he has applied his mind and decided CRRP 3786/2008 2 that it is a fit case to be withdrawn from prosecution. As rightly found by the learned Magistrate the application does not satisfy that Public Prosecutor has exercised the discretion bona fide and in the interest of public justice as settled by the Apex Court in State of Bihar v. Ram Naresh Pandey (AIR 1957 SC 389). As withdrawal of the prosecution is not in the interest of public justice as held by the Apex Court in Abdul Karim v. State of Karnataka (2000) 8 SCC 710) the order rejecting the permission sought to withdraw the prosecution is in order and does not warrant any interference. Criminal Revision is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006