IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Crl.Rev.Pet.No. 2131 of 2009() ------------------------------ AGAINST THE ORDER DATED 22/04/2009 IN CMP 1603/09 IN CC.611/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... REVN. PETITIONER(S): COMPLAINANT -------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SHRI C.S.HRITHWIK RESPONDENT(S): ACCUSED 1 & 2 ---------------------------- 1. SALIM, AGED 42, S/O.NEELAKANDAN, ADHIKARATHIL VEEDU, EDATHITTA MURI, KODUMON VILLAGE. 2. LATHA, AGED 36, W/O.SALIM, -DO-, -DO-. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.2131 of 2009 -------------------------------------- Dated this the 6th day of July, 2009. ORDER Admit. Heard Public Prosecutor who appeared for the petitioner. 2. Respondents are charge sheeted for offences punishable under Sections 447, 332 and 188 read with Section 34 of the Indian Penal Code on the allegation that on 7.6.2004 at about 12 noon they caused obstruction to the official duty of Cws 2, 3 and 5, police officers while the latter were discharging their official duty affording protection to CW1 for erecting a toddy shop as per the order of this Court in W.P.(C) No.8948 of 2004. Assistant Public Prosecutor filed C.M.P.No.1603 of 2009 seeking permission to withdraw from prosecution under Section 321 of the Code of Criminal Procedure. Learned magistrate dismissed that application. Hence, this revision. 3. It is seen that learned magistrate has not passed a speaking order. Instead, it is stated that on perusal of available records court is not granting permission to withdraw the case. Since that is not a speaking order, it cannot be sustained and is liable to be set aside. I do so. Crl.R.P.No.2131/2009 2 Resultantly this revision is allowed. Order under challenge is set aside and C.M.P.No.1603 of 2009 is remitted to the court of Judicial Magistrate of First Class, Adoor for fresh consideration and to pass appropriate orders. THOMAS P.JOSEPH, Judge. cks