M CHANDRAN Vs. STATE

JUDGEMENT

(1.) The question posed in this case, having some political importance, is as to the limitations governing the power of a Prosecutor in seeking withdrawal of prosecution under S.321 of the Cr. P.C.

(2.) S.C. No. 169 of 1996 of the Sessions Court, Manjeri arose from a public strike (Bundh) organised by some political parties on 26th November 1994. At about 10.30 a.m. on that day, the accused, 17 in number, marched towards the auditorium by name 'Panampilly National Youth Centre' situated at Chamravattam junction, broke open the same and gained entry into the store room. Thereafter they set fire to the carpets, furnitures and office records and damaged the other articles kept there.

(3.) On 4th March 1997, the Additional Public Prosecutor, Tirur, moved an application under S.321 of the Cr. P.C. in the above case involving offences under S.143, 147, 148, 427 and 436 read with S.1,49 of the I.P.C. stating that the incident arose from dispute between the two political factions; that the atmosphere has changed by now and things have come to normal situation. Trial In the case it was stated, was most likely to lead to further political violence and disharmony. Not only that the prosecution might not be able to substantiate its case by proving the guilt of the accused, but also withdrawal would advance ends of justice. He stated that the Government of Kerala also expressed the view that it had no objection in withdrawing the case vide Government letter dated 18th February 1997. He also produced before court that letter as also a letter from the District Collector, Malappuram to the same effect.