M.T.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The original petition is filed by persons seeking to intervene in C.C.No.73 of 2019 pending before the Chief Judicial Magistrate's Court, Thiruvananthapuram. The essential facts, as narrated in the original petition, are as under;

(2.) According to the petitioners, consequent to the change of Government following the assembly elections, they apprehended that an attempt would be made to withdraw from the prosecution, since the accused are leaders of the party which had formed the Government. Hence, the petitioners, who claim to be public activists committed to the advancement of the rule of law, filed Exhibit P2 application seeking permission of the court to intervene in the matter and submit their objections against the proposed withdrawal. While so, a Special Court for trial of cases relating to Members of Parliament and Members of the Legislative Assembly was constituted in the State, as directed by the Honourable Supreme Court. Thereupon, C.C.No.790 of 2016 was transferred to the newly constituted Additional Chief Judicial Magistrate Court (Special Court for M.Ps and M.L.As), Ernakulam and re-numbered as C.C.No.151 of 2018. At that juncture, the Assistant Public Prosecutor in charge of the case filed Exhibit P3 petition under Section 321 Cr.P.C., seeking permission to withdraw from prosecution of the case against the accused. Thereupon, the petitioners submitted Exhibit P4 objection, opposing the request. According to the petitioners, the petition was posted seven times between 23.8.2018 and 29.11.2018 for the purpose of hearing, but had to adjourn at the instance of the Public Prosecutor or counsel for the accused. Called with such a situation, the learned Magistrate directed the parties to file argument notes and accordingly, the petitioners filed Exhibit P6 argument notes on 29.11.2018. While so, pursuant to the directions in Exhibit P8 order of the Honourable Supreme Court, the case was sent back to the Chief Judicial Magistrate Court, Thiruvananthapuram and re-numbered as C.C.No.73 of 2019. The petitioners are aggrieved by the fact that, in spite of the case being posted 15 times between 27.5.2019 and 16.6.2020, hearing on Exhibit P3 petition is being deliberately protracted at the instance of the prosecution and the accused. The petitioners therefore seek expeditious disposal of Exhibit P3 application.

(3.) Heard Sri.Ajit Joy, learned counsel for the petitioners and Sri.Suman Chakravarthy, learned Senior Public Prosecutor.