IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Crl.MC.No. 655 of 2010 -------------------------------- (CRL.R.P.NO.36/2008 OF THE SESSIONS COURT, ERNAKULAM) .................... PETITIONER/ REVISION PETITIONER: ------------------------------------------------------ ALEX, S/O.CHERIAN, THAIPARAMBIL VEEDU, NEAR GEETHA THEATRE, PATHALAM, KADUNGALLUR. BY ADVS. MR.DINESH MATHEW J.MURICKEN, MR.P.V.BALAKRISHNAN. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.655 OF 2010 ------------------------------------------ Dated 22nd March 2010 O R D E R Petitioner is the accused in C.C.557/2003 on the file of Judicial First Class Magistrate-II, Aluva. Assistant Public Prosecutor filed Crl.M.P.68/2008 under Section 321 of Code of Criminal Procedure to withdraw prosecution of the petitioner for the offence under Sections 353 and 225 (B) of Indian Penal Code. By Annexure-A3 order the petition was dismissed. Assistant Public Prosecutor did not challenge that order. Petitioner who is the beneficiary, if the petition was allowed, challenged that order before Sessions court in Crl.R.P.36/2008. It was dismissed by Annexure-A4 order. This Crmc 655/10 2 petition is filed under Section 482 of Code of Criminal Procedure to quash Annexures-3 and 4 orders. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel is that decisions relied on by the learned Sessions Judge is not applicable and were wrongly interpreted and when the Assistant Public Prosecutor has applied his mind and in public interest filed the application for withdrawal, courts below should have allowed the application. 4. Petitioner who is the accused in the case is not entitled to challenge the order dismissing a petition filed by the prosecutor to withdraw the prosecution. Crmc 655/10 3 It is not the petitioner to decide whether the case is to be withdrawn or not. If the prosecutor is aggrieved by that order, it is upto him to challenge that order. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.