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Supreme Court expressed that a public prosecutor cannot act like a post office of the government while acting on a petition for withdrawal of prosecution under section 321 of Code of Criminal Procedure.
The Bench has restored a case against Muslim League MLA PK Basheer which was allowed to be withdrawn under Section 321 of Code of Criminal Procedure by the Chief Judicial Magistrate which was later upheld by the High Court of Kerala. The Court has remitted the matter to the Chief Judicial Magistrate, Manjeri to consider the 321 application afresh.The Bench also rejected the reasoning by the Kerala High Court that the petitioner being a third party have no locus standi to challenge the order of withdrawal.
MLA P K Basheer had stated that the reason that no one had identified the accused persons in the trial was due to the threats of the Muslim League. He also argued that the Chief Judicial Magistrate had granted permission to the prosecution to withdraw under Section 321 CrPC on the very same date when the application for withdrawn was filed. The said application for withdrawal by the prosecutor was made upon the United Democratic Front (UDF) coming to power.
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