K. HARILAL, J.

1. The Revision Petitioner is the Accused in CC No. 192/2009 on the files of the judicial First Class Magistrate Court-III, Thiruvananthapuram. He is accused of the offer punishable under Sections 294(b) and 332 of the Indian Penal Code and final report has been filed for prosecuting him for the said offences. While so, the Assistant Public Prosecutor filed CMP No. 116/2011 u/s 321 of the Cr.P.C. seeking consent to withdraw", the prosecution of Revision Petitioner. The learned Magistrate refused to grant consent a rejected the petition by the impugned order. This order is under challenge in this Revision Petition. The Prosecution case against the Revision Petitioner is as follows. The Revision Petitioner is working as Selection Grade Assistant in Finance Department, Government Secretariat Thiruvananthapuram. On 26/02/2009 at about 5 PM, he showered abusive words towards CW 1, who is his colleague, working in the same Department, thereafter beat him on his left cheek and thereby committed the offences punishable under Sections 294(b) and 332 of the IPC.

2. While so, the Government have expressed their no objection to withdraw the case from prosecution with the le