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2021 Supreme(Online)(KER) 38369

HIGH COURT OF KERALA
V. G. Arun, J
STATE OF KERALA
– Appellant
Versus

K.AJITH – Respondent


Advocates:
DIRECTOR GENERAL OF PROSECUTION SRI.P.NARAYANAN, SENIOR GOVT. PLEADER SRI.V.MANU, SENIOR GOVT. PLEADER SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE GENERAL, R.V.SREEJITH, SRI.SUVIN.R.MENON, T.ASAFALI, SRI.P.K.SAJEEVAN, SMT.LALIZA.T.Y., SRI.C.RAJENDRAN, SRI.S.BIJU (KIZHAKKANELA), SR.GP.SUMAN CHAKRAVARTHY FOR DGP, SRI.B.RAMAN PILLAI (SR.), SRI.R.ANIL, SRI.M.SUNILKUMAR, SRI.SUJESH MENON V.B., SRI.T.ANIL KUMAR, SRI.THOMAS ABRAHAM (NILACKAPPILLIL), SMT.S.LAKSHMI SANKAR, SHRI.RESSIL LONAN, SRI.THOMAS SABU VADAKEKUT, SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE GENERAL

O R D E R

These criminal revision petitions are filed by the State of Kerala and the accused in C.C.No. 73 of 2019, pending on the files of the Chief Judicial Magistrate’s Court, Thiruvananthapuram. The common grievance of the revision petitioners is against the order dismissing the application filed by the Public Prosecutor, seeking permission to withdraw from the prosecution against the accused.

2. The essential facts are as follows;

On 13.3.2015, at about 8.55 a.m., while the Finance Minister of the State was presenting the Budget for the financial year 2015-2016 in the Kerala Legislative Assembly Hall, the accused, who, at that time were opposition MLAs, disrupted the budget presentation, climbed over to the Honourable Speaker’s dais, damaged articles like the Speaker’s chair, computer, mike, emergency lamp etc. and thereby caused a loss of Rs.2,20,093/- to the Government. On receipt of information regarding the incident from the Legislature Secretary, Crime No.236 of 2015 was registered at the Museum Police Station, Thiruvananthapuram for offences punishable under Sections 447, 427 read with 34 of IPC and Section 3(1) of the Prevention of Damage to Public Property Act. Investigat

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