GEORGE ALEXANDER Vs. STATE OF KERALA

JUDGEMENT

(1.) Can an accused challenge the order refusing to give consent to withdraw from prosecution against him under Sec. 360 of BNSS, 2023 (Sec. 321 of Cr. P.C.) - This is the common issue that arises for consideration in the above criminal revision petitions.

(2.) Crl.R. P.No.268 of 2017 pertains to S.C.No.684 of 2013 on the files of the Additional Assistant Sessions Court, Thalassery. The petitioners therein are the accused Nos 1 to 5 and 7 to 9. The offences alleged against them are punishable under Ss. 143, 147, 148, 452, 427, 332, 152 r/w Sec. 149 of IPC, Ss. 3 and 5 of Explosive Substances Act, Sec. 25(1A) of Arms Act, Ss. 3(1) r/w 7 of PDPP Act and Sec. 38 r/w Sec. 52 of Kerala Police Act. The petitioners appeared before the trial court and were released on bail. Thereafter, the Public Prosecutor filed an application as CMP No.1203/2015 under Sec. 321 of Cr.P.C. seeking withdrawal from prosecution. The learned Additional Assistant Sessions Judge dismissed the application as per the order dtd. 28/7/2015. Crl.R. P.No.268 of 2017 has been filed challenging the said order.

(3.) Crl. R.P.No.23 of 2017 pertains to C.C. No. 689 of 2009 on the files of the Judicial First-Class Magistrate Court, Thiruvalla. The petitioner therein is the sole accused. The offences alleged against him are punishable under Ss. 466 and 468 of IPC. The petitioner appeared before the trial Court and was released on bail. Thereafter, the Assistant Public Prosecutor filed an application as Crl.M.P.No.7326 of 2016 under Sec. 321 of Cr.P.C. (Sec. 360 of BNSS) seeking withdrawal from prosecution. The learned Magistrate dismissed the application, as per the order dtd. 7/12/2016. Crl. R.P.No.23 of 2017 has been filed challenging the said order.