JUDGMENT

R. Rajendra Babu, J. - This revision is at the instance of the State challenging the order of the 1st Additional Sessions Court Trivandrum dated 20-11-1998 in Crl. M.C. 2081/97. An important question of law that has come up for consideration was whether Section 341, Cr.P.C. would contemplate an appeal at the instance of a person who has not filed any application to make a complaint under Section 340, 'CLP.C. and the Court has dropped the proceedings initiated suo motu.

2. The facts of the case briefly are as follows: On 12-4-1995 Sri E.P. Jayarajan a sitting M.L.A. sustained injuries due to gunshot while he was travelling in Rajdhani Express from Delhi to Trivandrum. The Chirala Railway Police in Prakasam District of Andhra Pradesh registered Crime 14/95 for an offence under Section 307, IPC. The respondent herein Sri K. Sudhakaran, another sitting M.L.A. was the 3rd accused in the above crime. The respondent filed Crl. Petition No. 3509/95 before the Andhra Pradesh High Court under Section 438. Cr.P.C. for anticipatory bail. The Andhra Pradesh High Court granted anticipatory bail imposing conditions. The above conditions were periodically modified and on 29-12-1995 the ab