RAJESH AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) The order under challenge in this case is one at Annexure A4 dated 06.05.2015 rendered by the Judicial First Class Magistrate Court -II, Attingal on C.M.P. No. 351/2015 in C.C. No. 477/2014, whereby the application of the prosecutor submitted under Sec. 321 of the Code of Criminal Procedure (hereinafter referred to the 'Cr.P.C' for short), for permission to withdraw the prosecution in C.C. No. 477/2014 was rejected by the court below. The main ground that actuated the court below to pass the impugned order are those projected in paragraph Nos. 6 and 7 of the impugned Annexure A4 order which reads as follows.

(2.) Heard Sri. M. Dinesh, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent State of Kerala.

(3.) After hearing Sri. M. Dinesh, learned counsel for the petitioner and the learned Public Prosecutor, this Court is of the considered opinion that the matter in issue arising out of the facts and circumstances of this case is substantially covered by the decision of this Court in the order dated 11.07.2015 rendered in Crl.M.C. No. 3264/2015, which reads as follows :