In Re: R.V. Kaliappa Goundan and Others

These are applications to revise the order of the Additional Sessions Judge of Coimbatore refusing permission to withdraw Sessions Cases Nos.

51, 52 and 53 of 1925. Dr. Swaminathan contends that the learned Judge has misdirected himself as to what he should do in a case of this kind.

The application was made by the Public Prosecutor u/s 494 and he gave certain reasons for the withdrawal of the cases. The Sessions Judge has

considered the reasons and has come to the conclusion that these were not fit cases for withdrawal. He relies upon the decision in Rajani Kanta

Shaha v. Idris Thakur [1921] 48 Cal. 1105 and says that where there is evidence against the accused which, if believed, would end in conviction,

it would not be proper to give permission to withdrawn a case u/s 494. But that is not the only reason which should guide a Court in granting or

refusing permission. In this case, the learned Additional Sessions Judge has exercised his discretion in refusing per-mission, and we cannot say that

he has improperly exercised his discretion. The reasons that he gives may not be the only reason for an order of this kind but, that is no ground for

saying that he has not exercised a judicial discretion in granting or refusing permission to withdaw a case, Where a Judge has exercised judicial

discretion in the proper way the High Court, will be very reluctant to interfere with his discretion and we, therefore, decline to interfere with his

order. The petitions are dismissed.