MANI Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The revision petitioner is the first accused in C.C. No. 365 of 2010 on the files of the Court of the Judicial Magistrate of First Class, Chalakudy.

(2.) The prosecution allegation is that on 9.2.2010 at about 4.00 p.m., the revision petitioner and the other accused criminally trespassed into the Dream World Water Theme Park and attacked the employees of the said park when they denied the free entry into the park. On the said allegation, crime was registered under Sections 143, 147, 448 and 323 read with Section 149 I.P.C. After completing the investigation, final report was also filed before the court.

(3.) After complying with the legal formalities, the court below posted the case for trial. At that point of time, the learned Assistant Public Prosecutor filed C.M.P. No. 13456 of 2013 before the court below, praying for granting permission for withdrawing of the case from prosecution, under Section 321 Cr.P.C. The learned Magistrate after hearing the learned Assistant Public Prosecutor, learned counsel for the revision petitioner and also the defacto complainant, passed the order impugned declining to grant sanction to withdraw from prosecution. Aggrieved by the said order, this revision petition has been filed.