BINOY Vs. STATE OF KERALA

JUDGEMENT

(1.) Three accused who face indictment for obstructing the official duty of policemen felt relieved when the Assistant Public Prosecutor filed an application to withdraw the prosecution. However, their relief was short lived as the Court refused to grant sanction. Petitioners are those three accused who have approached this Court under Sec. 482 Cr.P.C. challenging the order refusing to grant consent for withdrawal.

(2.) Petitioners are the accused in C.C.No.537/2018 on the files of the Judicial First Class Magistrate Court-I, Punalur, alleging commission of offences punishable under Ss. 323, 353, and 332 r/w Sec. 34 of the Indian Penal Code, 1860 apart from Sec. 117(e) of the Kerala Police Act, 2011. While the case was pending before the trial court, the Assistant Public Prosecutor sought permission to withdraw the prosecution as contemplated under Sec. 321 of Cr.P.C. By the impugned order in C.M.P.No.459/2021, the learned Magistrate dismissed the said application. The prosecution did not challenge the said order but the three accused have challenged the said order.

(3.) The prosecution alleges that on 29/8/2017, the accused obstructed the official duty of CW1 to CW3, who were policemen on duty, by catching hold of CW1's uniform and fisting him on his back. The accused also pushed down CW2, and thereby committed the offences alleged.