MUHAMMED Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The short question for consideration in this revision is whether a reasoned order is necessary, while granting permission to withdraw prosecution under S.321 of the Code of Criminal Procedure ('the Code' for short).

(2.) This revision is filed against the order passed by the Magistrate Court, on a report filed under S.321 of the Code by the learned Assistant Public Prosecutor. As per the report, a request is made to allow him to withdraw the prosecution of CC No. 251 of 1998. The Court passed the following order in the report:

(3.) The above order is challenged by the de facto complainant on various grounds. According to learned counsel for de facto complainant (revision petitioner), the order under challenge is a non - speaking order and hence it is illegal. It is argued that once a petition is filed, it cannot be mechanically withdrawn, but the Court must be satisfied that it is a fit case to give consent to withdraw prosecution. He cited the decision reported in Shereef Babu v. S.I. of Police, 1996 KHC 289 : 1996 (2) KLT 200 : 1996 (1) KLJ 849 : ILR 1997 (1) Ker. 700. in support of his argument.