ORDER

Aggrieved by the order dated 30.4.2010 of the court of Judicial First Cass Magistrate Court-III, Trivandrum in C.M.P.No.5693/2009 in C.C.No.145/2004, the State preferred this revision petition. In the above revision petition, the challenge is against the order of the learned Magistrate by which the learned Magistrate dismissed the petition filed by the Asst. Public Prosecutor of that court under Section 321 of Cr.P.C to withdraw the above calender case, which pending, in the very same court.

2. Heard the learned Public Prosecutor as well as the learned counsel appearing for the respondents.

3. C.C.No.145/2004 was instituted in the court of Judicial First Class Magistrate-III, Trivandrum, on the basis of the report filed by the Police in Crime No.15/2002 of the Contonment Police Station, Trivandrum. In the above crime, the allegation is that due to the previous enmity of the accused against CW1, at about 5.15 pm on 22.1.2004, the accused along with 15 other persons attacked CW1. According to the prosecution the accused are belonged to SFI and CW1, the defacto complainant belonged to KSU. The incident was taken place when the “Kalolsavam” was going on in the University College, T