IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 887 of 1999()
1. C.K.THILAKAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.JULIAN XAVIER
For Respondent :SRI.ALAN PAPALI
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :14/08/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.887 of 1999
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Dated this the 14th day of August, 2007
O R D E R
The revision petitioner who is the defacto complainant has
sought for setting aside the order of the court below under
Section 321 Crl.P.C. permitting the Assistant Public Prosecutor to
withdraw C.C.No.174/96 with respect to the offence under
Sections 171(F), 471 and 34 IPC.
2. The prosecution case is that the accused using forged
identity cards of the members of Puthur Co-operative Bank
attempted to caste votes on the strength of the forged identity
card. The withdrawal has sought on the ground that there is no
possibility of a successful prosecution as there is no charge
sufficient to sustain prosecution case and the persons whose
identity cards have been allegedly used were not questioned by
the police. The court has noted that on a perusal of the records,
there is no possibility of a successful prosecution and that the
Assistant Public Prosecutor has applied his mind to the facts and
CRL.R.P.NO.887/99 Page numbers
the records of investigation as an independent agent and that the
withdrawal of the case will promote peace and harmony in the
locality. In the circumstances and in view of the facts that the
Asst. Public Prosecutor as well as the court has considered the
matter, there is no scope for interference.
The revision petition is dismissed.
K.R.UDAYABHANU,
JUDGE
csl
CRL.R.P.NO.887/99 Page numbers
K.R.UDAYABHANU, J
Crl.A.No.350/2001
JUDGMENT
25th July 2007