IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Crl.MC.No. 1000 of 2010() ------------------------------------ LPC.4/2009 of ADDITIONAL SESSIONS COURT (ADHOC-II), KASARAGOD .................... PETITIONER/6TH ACCUSED ----------------------------------------- SUHAIL, AGED 25 YEARS, S/O.ABDULLA, ABDUL RAHIMAN MANZIL, KOTTAPPURAM, NELESWARAM VILLAGE, KASARAGOD DISTRICT. BY ADV. MR.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN. RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1000 OF 2010 ------------------------------------------ Dated 23rd March 2010 O R D E R Petitioner was the sixth accused in crime No.252/2005 of Nileswar police station. As petitioner and some of the other accused were absconding, case against accused 2,3,4,5,7 and 9 was committed to the Sessions court and taken cognizance as S.C.40/2007. When the case was pending, Annexure-A3 application was filed by Additional Public Prosecutor under Section 321 of Code of Criminal Procedure, for withdrawing the prosecution. Learned Sessions Judge allowed the application and granted permission to withdraw the prosecution. As a result by Annexure-A4 judgment, permission to withdraw the Crmc 1000/10 2 prosecution was granted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioner contending that in view of the withdrawal of the prosecution in S.C.40/2007, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Prosecution case, as is clear from Annexure-A2 final report is that on 27/9/2005 all the accused formed themselves into an unlawful assembly, consequent to the publication of election results of the Panchayat election and armed with deadly weapons, about 90 persons joined together and out of the group, who are members of IUML and Crmc 1000/10 3 INL the nine accused threw stones at the police party with the knowledge that if hit on any police men death would have caused and thereby caused hurt to one of the police constable and thereby committed offences under Sections 143, 147, 148, 332 and 308 read with Section 149 of Indian Penal Code. Annexure-A3 application filed by Additional Public Prosecutor for withdrawal of the prosecution under Section 321, of the accused in S.C.40/2007 shows that the incident arose not as a result of pre- meditation and deliberation. Application also shows that only the names of accused 1 to 4 were mentioned in FIR and injury sustained by the police official was not serious and to preserve the cordial relationship between the general public and the police and in keeping in view of preservation of law and order Crmc 1000/10 4 situation, chance of false implication of the accused, it was decided to withdraw the prosecution. All those grounds persuaded the prosecutor to seek permission to withdraw the prosecution and the grounds which were considered by the learned Sessions Judge to grant permission to withdraw the prosecution are applicable to the case as against the petitioner also. In such circumstances, it is not in the interest of justice to continue the prosecution against the petitioner. Petition is allowed. L.P.4/2009 on the file of Additional Sessions Judge (Adhoc-II), Kasargod is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.