IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.Rev.Pet.No. 3595 of 2008 ---------------------------------------- (AGAINST THE ORDER IN C.M.P. NO. 3805/2008 IN CC.NO.302/2006 OF JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY) .................... REVISION PETITIONER: ---------------------------------- KURIEN JOSEPH, MANAGER, MARDEC R.K LATEX PVT. LTD., THAMBALAKKADU.P.O, KANJIRAPPILLY. BY ADV. SRI.P.VIJAYA BHANU. RESPONDENTS/ PETITIONER AND ACCUSED: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NARAYANAN NAMBOOTHIRI, AGED 26 YEARS, S/O. VASUDEVAN NAMBOOTHIRI, THAMBALAKKADU KARA, KALLARIVELIL HOUSE, KANJIRAPPALLY. 3. ANILKUMAR, AGED 42 YEARS, S/O. VASUDEVAN NAIR, KONNACKAPARAMBIL, KANJIRAPPALLY VILLAGE. 4. ABRAHAM, AGED 48 YEARS, DEVASSYA, KOICKAL HOUSE, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 5. JOSEPH, AGED 53 YEARS, S/O. MATHAI, CHERUKATTOOR HOUSE, KANJIRAPPALLY VILLAGE. CRL.R.P. NO. 3595/2008: 6. RAMACHANDRAN NAIR, S/O. DAMODARAN NAIR, ALAPPATTU VEETIL, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 7. DILEEP CHANDRAN, AGED 33 YEARS, S/O. CHANDRASEKHARAN NAIR, LAKSHMI VILASAM, KANJIRAPPALY KARA, KANJIRAPPALY VILLAGE. 8. RAGHAVAN NAIR, AGED 67 YEARS, S/O. RAMAN NAIR, KONNACKAPARAMBIL, KANJIRAPPALY KARA, KANJIRAPPALY VILLAGE. 9. GEORGE, AGED 55 YEARS, S/O. VARKEY, PODIPPARA HOUSE, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 10. GOPI, AGED 51 YEARS, S/O. NARAYANAN, VADAKEMURIYIL HOUSE, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 11. MANOJ, AGED 23 YEARS, S/O. KUNJU, THEKKEL HOUSE, KANJIRAPPALY KARA, KANJIRAPPALY VILLAGE. 12. SEBASTIAN ANTONY, AGED 58 YEARS, S/O. ANTONY, VETTUVELIKUNNEL, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 13. BABU JOSEPH, AGED 42 YEARS, S/O. JOSEPH, URUMBADIYIL VEETTIL, KANJIRAPPALY KARA, KANJIRAPPALY VILLAGE. 14. FRANCIS JOSEPH, AGED 44 YEARS, S/O. JOSEPH, URUMBADIYIL VEETIL, KANJIRAPALLY KARA, KANJIRAPPALLY VILLAGE. 15. JOSEPH, AGED 54 YEARS, S/O. THOMAS, KAPPUKKATTIL HOUSE, KANJIRAPPALLY VILLAGE. 16. GOPALAKRISHNAN, AGED 62 YEARS, S/O. KRISHNAN, KUDAMLUSERY, KANJIRAPPALLY VILLAGE. 17. K.G. SREEDHARANA NAIR, AGED 67 YEARS, S/O. GOVINDAN NAIR, SINDHU BHAVAN, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. CRL.R.P. NO. 3595/2008: 18. JOSEPH, AGED 52 YEARS, S/O. THOMAS, MILAPARAMBIL, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 19. ANILKUMAR, AGED 40 YEARS, S/O. GOVINDAN NAIR, KANJIRAKKATTU VEEDU, KANJIRAPPALLY VILLAGE. 20. ANIL.K.R, AGED 34 YEARS, S/O. RAMAKRISHNAN, KAKKATTU VEEDU, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 21. BENNY THOMAS, AGED 31 YEARS, S/O. THOMAS, PUTHUVELIL HOUSE, KANJIRAPPALY KARA, KANJIRAPPALLY VILLAGE. 22. BEENA SUNIL, AGED 32 YEARS, W/O. SUNIL, MADUKKAVUNKAL, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 23. ANITHA, AGED 39 YEARS, W/O. KOPALAKRISHNAN NAIR, ALAPPTU VAYALIL VEEDU, KANJIRAPPALLY KARA, KANJIRAPPALY VILLAGE. 24. BINDU SEBASTIAN, AGED 36 YEARS, S/O. SEBASTIAN, MEDUKKAVUNKAL, KANJIRAPPALLY KARA, KANJIRAPPALY VILLAGE. 25. SINDHU, AGED 33 YEARS, W/O. OMANAKUTTAN, MADAPPALLIL, PADINJAREMURIYIL HOUSE, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 26. GEETHA, AGED 32 YEARS, W/O. AJAYAN, PALACKAL HOUSE, KANJIRAPPALLY KARA, KANJIRAPPALY VILLAGE. 27. SINDHU, AGED 30 YEARS, W/O. GOAPAKUMAR, PARAPPALLIL HOUSE, KANJIRAPPALLY KARA, KANJIRAPPALY VILLAGE. 28. MINI RAVEENDRAN, AGED 39 YEARS, W/O. RAVEENDRAN NAIR, KANJIRATHUMKAL HOUSE, KANJIRAPPALLY KARA, KANJIRAPPALY VILLAGE. CRL.R.P. NO. 3595/2008: 29. SUMATHI, AGED 52 YEARS, D/O. BHASKARAN, PALOLICKAL HOUSE, KANJIRAPPALY KARA, KANJIRAPPALLY VILLAGE. 30. ANCY, AGED 36 YEARS, W/O. JOSE, URUMBADIYIL VEEDU, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 31. SANTHAMMA, AGED 52 YEARS, W/O. JOSEPH, KUDAMALOOSERIYIL, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 32. AMMINI, AGED 50 YEARS, W/O. GOPI, THONIKKEMURYIL, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 33. RANI, AGED 40 YEARS, W/O. CHERIAN, THONIKUZHIYIL, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 34. GIRIJA, AGED 42 YEARS, W/O. SURESH, THAZHATHUKAVIL VEEDU, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 35. PREETHI, AGED 19 YEARS, D/O. SURESH, THAZHATHUKAVIL VEEDU, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 36. LEELAMMA, AGED 47 YEARS, W/O. RAVEENDRAN, PRAYARYPARAMBIL, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE. 37. LITTY, AGED 26 YEARS, W/O. JOMON, KODIPPARA VEETIL, KANJIRAPPALLY VILLAGE. 38. SELIN, AGED 51 YEARS, W/O. GEORGE, PODIPPARA, KANJIRAPPALY KARA, KANJIRAPPALY VILLAGE. 39. SALAMMA, AGED 52 YEARS, W/O. GEORGE, URUMBADIYIL HOUSE, KANJIRAPPALY KARA, KANJIRAPPALY VILLAGE. 40. MAYA, AGED 33 YEARS, D/O. CHANDRA BABU, PARAPPALLIL VEEDU, KANJIRAPPALY KARA, KANJIRAPPALY VILLAGE. CRL.R.P. NO. 3595/2008: 41. AMMUKUTTY, AGED 54 YEARS, D/O. SASI, MADAPPALLIYIL HOUSE, KANJIRAPPALY KARA, KANJIRAPPALY VILLAGE. 42. ASWATHI, AGED 32 YEARS, D/O. CHITHARANJAN, KOTTARATHIL HOUSE, KANJIRAPPALY KARA, KANJIRAPPALY VILLAGE. R1 BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 3595 OF 2008 ............................................ DATED THIS THE 10th DAY OF NOVEMBER, 2008 ORDER This revision petition is filed under Section 397 read with 401 of Code of Criminal Procedure, challenging the order passed by Judicial First Class Magistrate-I, Kanjirappilly in CMP 3805 of 2008, an application filed by Assistant Public Prosecutor under Section 321 of Code of Criminal Procedure, granting permission to withdraw the prosecution. Revision petition is filed by the first witness in the charge sheet, the Manager of R.K.Latex Factory, Thambalakkadu. The prosecution case against 41 accused was that they committed offences under Section 143, 147 and 188 and 341 read with Section 149 of IPC. Case of revision petitioner is that when Public Prosecutor filed the application to withdraw the case, he filed a detailed objection opposing the application and learned Magistrate should not have granted permission to withdraw the case, as the offence was committed in flagrant violation of the judgment of this court in WP(C) 3874 of 2006 and there is no necessity to withdraw the case to ensure peace and communal harmony or for promoting goodwill between the public, workers and management as stated by the Assistant CRRP 3595/2008 2 Public Prosecutor and therefore the order is to be quashed. 2. Learned counsel appearing for petitioner argued that the reason that the Manager did not name the accused to the police in the first information statement by itself is not a ground to hold that accused cannot be convicted and the materials establish that Assistant Public Prosecutor did not apply his mind for withdrawing the case as provided and therefore the order is illegal and is to be set aside. It was argued that the statement of police officer itself disclose that the accused were arrested from the spot and taken to the police station and therefore there cannot be any dispute with regard to the identity. 3. Section 321 of Code of Criminal Procedure provides the procedure for withdrawal from prosecution. Under the section, a Public Prosecutor or an Assistant Public Prosecutor in charge of a case, may withdraw from the prosecution of any person, either jointly or in respect of any one or more of the offences, for which he is tried, with the consent of the court, at any time before judgment is pronounced. The order of learned Magistrate establish that learned Magistrate has considered the application in the proper perspective and in the light of the settled legal position. It is absolutely clear that Assistant Public Prosecutor CRRP 3595/2008 3 filed the application after application of his mind. Learned Magistrate has also gone through the records before granting sanction and found that Assistant Public Prosecutor has applied his mind. In such circumstances, I do not find any reason to interfere with the order in exercise of the revisional powers. Revision petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE lgk/-