‘Filing an application under section 321 Cr.P.C by the Public Prosecutor does not confer any right on the accused not to be proceeded against.’
The Kerala High Court, while refusing withdrawal of prosecution in a criminal case against accused for assaulting cops, observed that attacks on police officers were on the increase in the state and it is not in public interest to allow the Public Prosecutor to withdraw from such cases.
The allegation against Puthussery Preman and seven others is that they, armed with deadly weapons, formed themselves into an unlawful assembly and assaulted the police officers who were on duty at the place of occurrence. Before the Sessions Court, the prosecutor filed an application for permission to withdraw from the prosecution under Section 321 of the Code of Criminal Procedure, which was dismissed. This dismissal was assailed in the revision petition filed by eight accused.
Justice K Abraham Mathew observed that filing an application under Section 321 CrPC by the Public Prosecutor does not confer any right on the accused not to be proceeded against. The court noted that it is a case where there was a clash between workers of two political parties, and the accused had assaulted the police officers.
“In the application filed by the learned Public Prosecutor it is stated that to maintain peace in the locality it is necessary to withdraw from the prosecution. I do not know how withdrawal from the prosecution will help maintain peace in the locality,” the judge sad.
Dismissing the petition, the court further observed: “Attacking police officers is increase in the state. If such cases are allowed to be withdrawn, it will certainly affect the morale of the police. It is not in public interest to allow the Public Prosecutor to withdraw from such cases."