IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Crl.MC.No. 1247 of 2010 --------------------------------------- CP.7/2010 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER/PETITIONER/ACCUSED NO.3: NISHAD, S/O.ABU, MOOTHEDATH HOUSE, VADAKKANGARA, MAKKARAPARAMBA. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT/RESPONDENT/STATE: C.I OF POLICE, MALAPPURAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.I.B.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1247 of 2010 -------------------------- ORDER Petitioner was the third accused in C.P.No. 22/2001. Learned Magistrate, as per order dated 10.7.2001, committed the case against accused 4 to 6 and 8 to Sessions Court, Manjeri, which was taken on file as S.C.No.317/2001. The case as against the other accused was split up and refiled. Later, when the presence of the second accused was procured, the case against him was committed to the Sessions Court by order dated 21.2.2002 in C.P.No.1/2002 and it was taken on file as C.C.No.117/2002. When the presence of the seventh accused was procured, the case against him was also committed to the Sessions Court as per order dated 31.1.2004 in C.P.No.2/2004 and it was taken on file as S.C.No.125/2004. When these cases were pending before the learned Sessions Judge, Manjeri, Public Prosecutor filed Crl.M.P.No.977/2005 under Section 321 of Code of CRMC 1247/10 2 Criminal Procedure to withdraw the prosecution against those accused stating that the dispute arose between the supporters of UDF and LDF and subsequently, the political atmosphere was changed and there is complete harmony between the political parties as well as members of Harijan community and the accused and though an offence under SC/ST (PA) Act was involved, it was not investigated by a Deputy Superintendent of Police, which is mandatory, but by the Circle Inspector of Police and in such circumstances, even if the accused are to be tried, there cannot be a conviction and therefore, in public interest, it was decided to withdraw the prosecution. By order dated 7.10.2006, learned Sessions Judge permitted withdrawal of the prosecution in S.C.Nos.317/2001, 117/2002 and 125/2004. As the case against the petitioner was split up and pending before the learned Magistrate at the committal stage, it was not withdrawn. As non bailable warrant was pending, petitioner CRMC 1247/10 3 surrendered before the Magistrate and as directed, he surrendered the passport. He sought release of the passport, which was dismissed by Annexure-E order. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the Magistrate. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-C order of the learned Sessions Judge establishes that though petition was filed to withdraw the prosecution against those accused, whose cases were committed to the Sessions Court, the decision to withdraw the prosecution applies to all the accused. The order itself shows that as against the mandate, investigation was not done by the Deputy Superintendent of Police, but by the Circle Inspector of Police. The decision to withdraw the prosecution to keep communal harmony and political cordiality applies not only to those accused facing trial, but to all the accused in the CRMC 1247/10 4 case. In such circumstances, the benefit granted to the accused in the sessions cases should, necessarily, be available to the petitioner also. Hence, it is not in the interest of justice to continue the prosecution against the petitioner, now pending as C.P.No.7/2010 before Judicial First Class Magistrate's Court, Malappuram. Petition is allowed. C.P.No.7/2010 pending against the petitioner on the file of Judicial First Class Magistrate's Court, Malappuram in Crime No.119/1996 is quashed. 9th April, 2010 (M.Sasidharan Nambiar, Judge) tkv