The revision petitioner herein is the first accused in CC.No.688/2011 before the Addl.Chief Judicial Magistrate Court, Thalassery. The prosecution case is that the petitioner and the co-accused assaulted the de facto complainant and inflicted simple and grievous injuries on his body. The alleged incident happened on 21.1.2011 at about 1.30 pm. Pending the proceedings the learned Asst.Public Prosecutor in charge of the case filed a petition before the Court as Crl.MC.No.3233/2013 for permission to withdraw the case. The de facto complainant appeared on getting notice from the Court, and he objected withdrawal. After hearing both sides the learned Magistrate dismissed the application by Order dated 29.10.2013. The said order is under challenge in this revision petition.
2. On hearing the learned counsel and on a perusal
Crl.R.P.No.427/2014.
2 of the case records I find that the application for withdrawal was made by the Asst.Public Prosecutor without any justifiable ground. Criminal cases involving individual grievances cannot be lightly or casually withdrawn by the government or the Prosecutor in charge of the case, on the basis of political decision taken by the government. This is a case where the de facto complainant sustained simple and grievous injuries. The court will have to give due weight and consideration to the injured or victim who has his own grievance and complaint. I find that the application for withdrawal was rightly dismissed by the learned Magistrate, and I find no illegality, irregularity or impropriety for interference in revision.
In the result, this revision petition is dismissed.
Sd/-
P. UBAID, (Judge)
Kvs/-
// true copy //
PA TO JUDGE.