SIVANANDI ALIAS DHARMALINGAM Vs. V RAJENDRAN

JUDGEMENT

(1.) THE above Revision Petition is filed challenging the order passed by the Court below in Criminal M. P. No. 1069 of 2004 in S. C. No. 96/1996 dated 27. 10. 2004 on the file of the Principal Assistant Sessions Judge, Madurai.

(2.) THE Government in G. O. (ID) No. 32, Public (Law and Order B) Dept, dated 14. 4. 2000, has passed an order to the effect that the District Collectors of Southern Districts in Tamil Nadu are requested to address the Public Prosecutors incharge of the cases mentioned in the Annexure therein to take necessary steps to withdraw such cases, which are registered in connection with the caste clashes during the year 1996 and prior to 1996.

(3.) IN pursuance of the said order, it appears that the learned Public Prosecutors of the Southern Districts have filed an application under Section 321, Cr. P. C before the Court to withdraw the cases. In the instant case such an application was filed by the learned Public Prosecutor seeking permission to withdraw the case which is registered as against the petitioners herein/accused for the alleged offence. The alleged offence took place on 3. 7. 1992. The Trial Court by order dated 5. 6. 2000 has granted permission to the prosecution to withdraw the case and discharged the petitioners in pursuance of the power conferred on it under Section 321, Cr. P. C. Subsequently, the witnesses have filed a revision before this Court challenging the order passed by the trial Court on 5. 6. 2000. The learned Judge passed an order in Crl. R. C. No. 641 of 2001 dated 17. 3. 2004 setting aside the order of the trial Court granting permission for withdrawal of the case and accordingly remitted the matter with a direction to the learned Public Prosecutor to file a fresh application with proper reasons in view of the G. O. dated 11. 4. 2000. Subsequently, a fresh application was filed on 9. 8. 2004 setting out the detailed reasons for seeking permission to withdraw the case. The learned Additional Principal Sessions Judge, Madurai has passed the order rejecting the application filed by the Public Prosecutor, which is impugned in the present revision.