RAZACK Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is filed by the accused in S.C.No. 83/94 on the file of the Asst. Sessions Court, Thiruvalla challenging the order dated 18-3-2000 passed by the Court in Cri.M.P. No. 246/99.

(2.) The petitioners are standing trial before the Asst. Sessions Court Thiruvalla for the offences punishable under Sections 143, 147, 148, 324, 326, 332 and 333 r/w 149 of I.P.C. and Section 3(2)(c) of the P.D.P.P. Act as per the charge-sheet laid by the C. I. of Police, Adoor in Crime No. 204/92 of Pandalam Police Station. The allegation is that the accused persons who belonged to the I.S.S. in protest against the assault of their leader Madani by the members of the R.S.S., formed themselves into an unlawful assembly armed with deadly weapons and in prosecution of their common object to cause grievous hurt and to prevent the police officers from discharging their official duty as public servants on 7-8-1992 at about 10.30 a.m. stopped K.S.R.T.C. buses bearing registration Nos. KLX 5970, KL-15/874 and KLX 6104 and when the police tried to prevent the accused from causing mischief, they attacked the police officers, inflicted grievous injuries upon them including fractures and caused damages to the buses.

(3.) While the case was pending trial before the Asst. Sessions Court, Thiruvalla, the Addl. G. P. and Addl. P. P. in charge of the prosecution of the case filed Cri. M.P.No. 246/99 seeking to withdraw the prosecution against the accused under Section 321 of the Cr.P.C. The Asst. Sessions Judge by the impugned order dated 18-3-2000 dismissed the application. Hence the above revision is preferred by the accused before this Court.