K.Harilal, J.

The revision petitioners, along with 13 others, are the accused in C.C.No.771/09 on the files of the Judicial First Class Magistrate's Court-IV, Kozhikode. Now they are being prosecuted for the offences punishable under Sections 143, 144, 145, 147, 148, 151, 152, 332, 353 read with section .149 of the Indian Penal Code and section 3(2)(e) of the Prevention of Damages to Public Properties Act, 1982 (for short 'the PDPP Act'). While so, the learned Assistant Public Prosecutor has filed an application under Section 321 of the Code of Criminal Procedure seeking permission to withdraw from prosecution. The learned Magistrate, after considering the reasons stated in the application, dismissed the said application. The order passed by the learned Magistrate is under challenge in this Revision Petition.

2. The allegation raised in the above case is that on 15.7.2000 at about 1.15 PM., after the Collectorate march organised by the United Democratic Front (UDF) was over, the accused, who had participated in the march, formed themselves into an unlawful assembly, committed rioting armed with weapons like sticks, reapers and stones and caused disturbance to the public peace,