KRISHNA KUMAR Vs. BHARATHAN

JUDGEMENT

(1.) This revision petition is directed against the order passed by the learned Magistrate refusing to give the necessary consent for withdrawal from prosecution under S.321 CrPC.

(2.) The prosecution alleged that the accused persons - six in number, including the petitioner, the 5th accused are guilty of the offences punishable under S.143, 147, 148, 149, 447 and 427 IPC. They were allegedly members of an unlawful assembly who in prosecution of their common object had trespassed into the residential compound of the defacto complainant and had committed mischief by throwing stones and causing damage on the glass windows of the house of the defacto complainant. Investigation was conducted and charge sheet was filed by the police. Cognizance was taken by the learned Magistrate. The learned Magistrate thereafter proceeded to frame charge against the accused also. The case was remaining at the stage of recording evidence when the application under S.321 CrPC was filed by the learned Prosecutor.

(3.) To avoid unnecessary repetition I extract below the relevant portion of the petition for withdrawal filed by the Prosecutor under S.321 CrPC.