STATE OF KERALA Vs. VARKALA RADHAKRISHNAN

JUDGEMENT

(1.) What is the role of a Magistrate or a Judge while considering an application filed by the Assistant Public Prosecutor or Public Prosecutor to withdraw the prosecution under S.321 of the Code of Criminal Procedure Is it adjudicatory or supervisory Is it for the Court to assess the evidence to discover whether the case would end in conviction or acquittal or is it sufficient to see whether the application is made in good faith in the interest of public policy and justice and not to thwart or stifle the process of law.

(2.) All the revision petitions are filed by the State challenging the order passed by Judicial First Class Magistrate III, Thiruvananthapuram dismissing the applications filed under S.321 of the Code of Criminal Procedure by the Assistant Public Prosecutor. All these cases relate to the incidents which occurred during procession by political parties opposing the policy of the Government of the day and do not involve major offences.

(3.) S.321 of Code of Criminal Procedure reads: