Kerala High Court: A Single Judge Bench comprising of K. Abraham Mathew, J. dismissed a petition on account of increasing attacks against the police.
There was a clash between workers of two political parties in the course of which the petitioners who were armed with deadly weapons formed themselves into an unlawful assembly and assaulted the police officers who were on duty at that time and thus were charged under Sections 143, 147, 148, 308, 324, 332 and 353 IPC.
The public prosecutor filed an application for permission to withdraw from the prosecution under Section 321 of CrPC in an attempt to maintain peace in the locality which was dismissed by the Sessions Judge. Aggrieved thereby, the instant petition was filed.
The Court here made it clear that the Section 321 CrPC nowhere grants any such right on the accused and questioned them as to how the withdrawal from the prosecution will aid in maintaining peace plus on the contrary withdrawal of such cases was against the public interest. The Court gave due regard to the fact that attack on police officers was on increase in the State and was of the view that allowing withdrawal of cases as sought for would certainly lower the morale of the police. Accordingly, the petition was dismissed.[Puthussery Preman v. State of Kerala, Crl.Rev.Pet.No. 1190 of 2018, order dated 02-11-2018]
