ABDUL KHALEEL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the sole accused in S.C.No.91 of 2010 pending before the court of Sessions, Kasaragod Division (Additional District and Sessions Court (ADHOC)-I, Kasaragod) and his grievance is that though the learned Prosecutor of that court preferred an application i.e. Crl.MP 2811 of 2012 under Section 321 of Cr.P.C. to withdraw the above sessions case, the learned Judge dismissed the said application. Hence, this revision petition.

(2.) HEARD counsel for the petitioner and the learned Public Prosecutor.

(3.) IT is the further case of the petitioner that when the above sessions case was pending, the Government of Kerala accorded sanction to withdraw the case and counter case, by order dated 24.7.2009. Thus according to the petitioner, the case which was pending as C.C.No.1079 of 2008 (Crime No.232 of 2006) of the Kasaragod Police pending before the Judicial First Class Magistrate Court-I, Kasaragod, in which the de facto complainant in the above sessions case and others are accused, was settled and accordingly disposed of by the learned Magistrate. It is the further case of the petitioner that no timely application was filed in the sessions court to withdraw the case against the petitioner and other accused.