ORDER :

Does the Court of the Committing Magistrate have the jurisdiction to entertain an application to grant consent to withdraw from the prosecution?

2. The State of Kerala has filed the revision petition questioning the correctness of Annexure A-3 order passed by the Court of the Judicial First Class Magistrate-III, Thiruvananthapuram, dismissing the application filed by the Assistant Public Prosecutor under Section 321 of the Code of Criminal Procedure,1973 (‘Code’,forshort).

Relevant factual matrix:

3. The prosecution case is that, on 15.07.2003, 500 identifiable persons owing allegiance to a political party conducted an unauthorised march in Thiruvananthapuram. When the Police attempted to foil their attempt, the agitators turned violent and attacked the police, causing hurt to them and damaging public property. The Museum Police registered Crime No.214/2003 and, after investigation, laid Annexure-A1 final report against 44 accused alleging them to have committed the offences under Sections 143, 147, 148, 149, 307, 323, 324, 332, 333, 114 and 115 of the Indian Penal Code, 1860, and Section 3(2)(e) of the Prevention of Damage to Public Property Act, 1984.

4. The learned Magistrate