MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS petition is filed by the accused in a case pending before the Judicial Magistrate, Second Class, Palghat, wherein they, along with others, stand charge-sheeted for offences punishable under S. 143, 294 and 427 read with S. 149 of the Indian Penal Code.

(2.) THE case arose in connection with a labour dispute in the Instrumentation Ltd. , Kanjikode. While the case was pending, on 29th June, 1981, the Assistant Public Prosecutor Grade II, Palghat, who was in charge of the prosecution, submitted a petition under S. 321 of the Code of Criminal procedure seeking the Court's consent for the withdrawal of the prosecution. THE matter was heard and while it was pending orders, on 27-7-1981 the assistant Public Prosecutor presented a report stating that be was not pressing the withdrawal. THE report stated that it was because of some mistake regarding the number of the case that the petition happened to be filed. It appears that the mistake was realised only after the petition was heard. THE Court did not think that it was necessary to issue notice on the report to the concerned accused persons. On 28 71981 the Court passed orders directing the posting of the case for evidence.

(3.) S. 321 of the Code of Criminal Procedure contemplates (1) a request by the Prosecutor for the consent of the Court for withdrawal of the prosecution; (2) satisfaction on the part of the Court that the case is a fit one for giving consent; and (3) a formal order of discharge or acquittal as the case may be on such consent being given. In the present case the Court only heard on the first point viz. , the request for consent It was pending decision on the question of consent that the report was filed by the Assistant Public prosecutor that the application seeking consent was filed under a mistake. The court was perfectly within its powers in taking into account the said report and decide that consent need not be given for withdrawal. That is the effect of what the Court has done in the instant case when it directed the case to be posted for evidence. No interference is called for. The petition is dismissed. Dismissed. . .