Kerala High Court Questions Actor Mohanlal's Locus Standi To Challenge Magistrate's Refusal To Allow Withdrawal Of Ivory Case

The Kerala High Court on Monday, before posting the case for hearing again after the Court vacation, observed that the petitioner in this case, actor Mohanlal, had no locus standi before the Court. 

 Justice Mary Joseph, observed that under under the CrPC, no such power for withdrawal of proceedings had been granted to the accused. 

"If the State appears, and had filed the application, the Court could have considered. But the accused cannot do so. If the Court decides otherwise that the accused has such a right, so many accused would appear before the Court for withdrawal", it was orally observed. The Court further questioned why the State had not filed such an application. 

In the Criminal Revision Petition filed by the actor, he had challenged the order passed by JFCM, Perumbavoor, which dismissed the State Government's plea to withdraw prosecution proceedings against him in the alleged illegal possession of ivory case against him. It was contended by him that the only ground relied upon by the Magistrate was that the validity of the certificate of ownership issued by the Government as per declaration made under Section 40(4) of the Act was still pending before the Kerala High Court in a Public Interest Litigation.

The case relates to the alleged illegal possession of ivory by the actor, due to which he was charged under the provisions of the Wildlife (Protection) Act, 1972, which, the petitioner averred in his petition as having been obtained legally.  

It was in this light that the Court noted that since the instant petition was one which challenged a previous order, the question of locus standi remains, while adjourning the same for after the Court vacation. 

Case Title: V. Mohanlal v. State of Kerala & Ors.