V.VINOD Vs. STATE

JUDGEMENT

(1.) Petitioners who are the accused in S.C.No.109 of 2006 on the file of the Asst. Sessions Judge, Kasargod have filed this criminal revision challenging the legality of the impugned order dated 14.8.2009 passed by the learned judge dismissing Crl.M.P.No.549 of 2009 filed by the Additional Public Prosecutor u/s 321 CrPC seeking to withdraw from prosecution.

(2.) The prosecution case is that on 4.9.2002 at 10.20 am, petitioners along with some other unidentified accused formed themselves into an unlawful assembly in front of the Kasargod Taluk Office being armed with deadly weapons and voluntarily caused hurt to eight police officials engaged in official duties in connection with picketing organised by party workers of CPM. The police officials sustained injuries and their official duties were deterred also. It is also alleged that petitioners in the course of causing injuries, intended to commit murder of one of the police officials also. On these allegations, they were prosecuted for offences punishable u/ss.143, 147, 148, 332 r/w Section 149 of IPC.

(3.) While the matter was pending before the learned Assistant Sessions Judge and the case was due for framing of charge, the learned Addl. Public Prosecutor in charge of the case filed Crl.M.P.549 of 2009 seeking to withdraw from the prosecution. The learned Sessions Judge was not pleased to accept the withdrawal and after holding that there was no merit in the petition filed by the Addl. Public Prosecutor and further that the withdrawal was not in the interest of justice, dismissed the petition by the impugned order. It is the correctness and legality of the impugned order, which is under challenge in this revision.