JOHN JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the de facto complainant in C.C.No.29 of 2009 on the files of the Judicial First Class Magistrate Court - I, Changanacherry. The respondents 3 to 9 are the accused Nos.1 to 7 respectively in the said case. The Offences alleged against the accused are under Sections 143, 147, 447, 427, 506(i) read with Section 149 of the Indian Penal Code.

(2.) The prosecution case in brief is that on 12.07.2008 at 11 a.m, accused 1 to 7 framed themselves into unlawful assembly armed with deadly weapons for the purpose for rioting and in prosecution of their common object barged into the property of PW1 situated near Canara Paper Factory, Chethipuzhakadavu area of Vazhappally East Village and committed mischief by destroying implements and other items used for building construction of the de facto complainant and thereby the accused sustained a loss of ?25,000/-. It is further alleged that the accused threatened the de facto complainant with dire consequences.

(3.) When the accused entered appearance before the trial court, the particulars of the offences were hand over to the accused to which they pleaded not guilty. Thereupon, the court issued summons to three witnesses including the de facto complainant. Before commencing the examination of the witnesses, the learned Assistant Public Prosecutor in charge of the case filed an application under Section 321 Cr.P.C to withdraw from the prosecution of the case in respect of the offences for which they are tried. After having heard the prosecution and the de facto complainant who was present in court, the court allowed the application and, consequently, the accused were acquitted under Section 321(b) of the Cr.P.C. Challenging the aforesaid order dated 18.09.2012, the de facto complainant is before this Court.