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. 2589 of 2008() ------------------------------ AGAINST THE ORDER IN CMP.NO.3685/2007 IN CC.73/2005 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... REVISION PETITIONER(S): ----------------------------------------- SHAIJU THOMAS, AGED 30 YEARS, S/O.THOMAS, KALLUKULAM HOUSE, BETHAL P.O., MELECHINNAR, IDUKKI. BY ADVS. MR.C.V.MANUVILSAN MR.P.G.SURESH SMT.K.VIDYA RESPONDENT(S): ---------------------------- THE STATE OF KERALA, REPRESENTED THROUGH THE PUBLICL PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY DIRECTOR GENERAL OF PROSECUTION V.G.GOVINDAN NAIR BY PUBLIC PROSECUTOR MR. C.K.SURESH AND MR.K.M.FIROZ THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON 03/02/2009 PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 2589 OF 2008 =========================== Dated this the 3rd day of February,2009 ORDER Revision is filed by 6th accused in C.C.73/2005 on the file of Chief Judicial Magistrate, Thodupuzha challenging the dismissal of CMP 3685/2007 filed by the Deputy Director of Prosecution under section 321 of Code of Criminal Procedure seeking permission to withdraw the case. The prosecution case is that on 24.2.2004 at about 6.30 p.m, accused formed themselves into an unlawful assembly and armed with stones and pelted stones at ATM counter of State Bank of India at Thodupuzha Pala road and also pelted stones at police party and inflicted injuries and committed the offence under sections 143,144,147,148,332 read with section 149 IPC and section 3(1) of P.D.P.P Act. The reasons stated by the CRRP 2589/2008 2 prosecutor is that out of the 30 persons who allegedly took part in the procession only 7 persons are prosecuted and their overt acts are not specifically stated by the witnesses and the witnesses have no previous acquaintance with them and hence they cannot identify the accused and in such circumstance he had applied his mind and for maintaining a peaceful harmony in the society the prosecution is to be withdrawn. Learned Chief Judicial Magistrate elaborately considered the materials and found that withdrawal of the prosecution is not public interest. The State has not challenged the order. It is one of the accused who would be a beneficiary if the application was allowed, has preferred the revision. On going through the order of the learned Chief Judicial Magistrate in the light of the settled legal position which is elaborately considered in Crl.R.P.3389/2008 and connected cases, I find no illegality in the order as the application was considered by the learned Chief Judicial Magistrate in the proper perspective. Criminal Revision Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE CRRP 2589/2008 3 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006