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2025 Supreme(Online)(Ker) 54781

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
XAVIER S/O.ANJALOSE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.REV.PET NO.1199 OF 2008 | CC NO.567 OF 2000



Advocates:
For the Appellants/Petitioners: SRI.A.BIJU MANOHAR, SRI.P.R.JAYAKRISHNAN, SRI.RENJIT GEORGE
For the Respondents: SR PP

Withdrawal of prosecution must not be vitiated by malafides; court upholds magistrate's authority.

Headnote:The petitioner's revision challenges the grant of permission for withdrawal of prosecution in C.C.No.567 of 2000. The Magistrate discharged the accused without malafides attributed to the withdrawal. The Court found no reason to interfere with the Magistrate's order. The issue centered on procedural compliance for withdrawal and upheld the Magistrate's authority. Consequently, the revision petition was dismissed.

Table of Content
1. legitimacy of prosecution withdrawal. (Para 2 , 3)

ORDER

The learned counsel for the petitioner reported no instructions. 2. The challenge in this petition is against the permission granted for the withdrawal of the prosecution in C.C.No.567 of 2000 on the files of the Judicial First Class Magistrate Court - III, Neyyattinkara.

3. It is seen from the case records that the learned Magistrate had discharged the accused in the said case as per the order dated 30.05.2001 pursuant to the permission accorded for withdrawal of the prosecution. Nothing has been brought-forth to show that the move for withdrawal of prosecution was vitiated by malafides. Therefore, there is absolutely no reason to invoke the revisional powers of this Court to interfere with the aforesaid order of the learned Magistrate.

In the result, the petition is hereby dismissed.

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