BIJEEV ALIAS KUTTAN VELU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused in a prosecution for offences punishable, inter alia, under Sections 353 and 427 r/w. 149 I.P.C. The alleged incident took place on 5.2.2004. The case of the prosecution is that consequent to some disputes regarding umpiring of a football match there were frayed tempers and two groups were fighting each other. At that stage a police party, on receipt of information, had reached the scene. The miscreants allegedly turned against the police. They caused interference and disturbance to the due discharge of official duty of the policemen. The police jeep also allegedly suffered damage to the tune of Rs.500/-

(2.) The trial had commenced. No independent witnesses appear to have offered their support to the prosecution case. The learned Prosecutor at that stage filed an application under Section 321 Cr.P.C. to convey to the court that in his assessment and in the interests of justice the prosecution deserves to be withdrawn. Requisite 'no objection' endorsement was received from the Government also for such withdrawal. It is thereafter that the learned Prosecutor chose to make the request to withdraw from the prosecution.

(3.) The learned Magistrate, by the impugned order, rejected the prayer for grant of leave to the prosecution to withdraw from the prosecution. The learned Magistrate appears to have felt that the conclusion of the Prosecutor that there is no satisfactory evidence is not acceptable in as much as the official witnesses had supported the prosecution version.