LAWS(MAD)-1995-11-72

P. VANDYALINGAM AND OTHERS Vs. CHOKKALINGAM AND OTHERS

Decided On November 10, 1995
P. Vandyalingam Appellant
V/S
CHOKKALINGAM AND OTHERS Respondents

JUDGEMENT

(1.) THESE four revisions arise out of the orders of the learned Assistant Sessions Judge, Tenkasi and Judicial Magistrate, Tenkasi, in S.C. Nos. 174, 175, 182 of 1993 dated 16.8.1993; 13.8.1993; 23.8.1933 and P.R.C. No. 43 of 1993 dated 26.7.1993 respectively, permitting the Public Prosecutor to withdraw from the prosecution under Section 321 of the Code of Criminal Procedure. Petitioners challenge the same on the ground of illegality and impropriety.

(2.) THOUGH the complainant in all the above cases is State by Inspector of Police, Alangulam Police Station in 4 different crime numbers and the accused are different persons, who were facing trial for different offences under the penal law, since a common question of law is very much involved in all the above cases, as consented to by the Bar for the respective parties, all the four cases, were heard together and disposed of by this common order.

(3.) AT that stage, following a Government Order Rt. No. 1981 (Public L and 0) dated 14.6.1993 the Additional Public Prosecutor, Tenkasi has filed a memo into the Court praying for permission to withdraw the above cases. The memo runs as follows: