IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 CRL.MC.NO. 115 OF 2011() ----------------------------------------- CC.199/2009 OF CHIEF JUDICIAL MAGISTRATE, KALPETTA .................... PETITIONER(S): A1-A6 --------------------------------- 1. K.K.RAMACHANDRAN, AGED 69 YEARS, INDIRA BHAVAN, EMILI, NEAR AYYAPPA BHAJANA MADHAN, KALPETTA P.O., WAYANAD DISTRICT. 2. O.V.APPACHAN, AGED 60 YEARS, S/O.VARKEY, ORAVANAMTHADATHIL HOUSE, PALLIKKUNNU, CHOONDAKKARA. 3. O.P.MUHAMMED KUTTY, AGED 49 YEARS, S/O.MOIDU, OTTUPAMBAN HOUSE, AMBILERY, KALPETTA. 4. R.P.SIVADA, AGED 53 YEARS, S/O.RAJAPPAN, PAMBANAL HOUSE, MANIKKUNI, BATHERI. 5. SURESH BABU, AGED 40 YEARS, SURABHI BHAVAN, ARAPPATTA MEPPADI, NOW RESIDING AT NIKHIL NIVAS, NEDUMBALA, MEPPADU P.O. 6. NIKHITH @ NIKKI, AGED 38 YEARS, S/O.CHANDRASEKHARAN, CHENGUTTI VEEDU, KOTTAVAYAL, PUTHURVAYAL. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.P.M.RAFIQ SRI.V.C.SARATH RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------------------------------------------------------------- 1. GEORGE POTHAN, S/O.GEORGE, AGED 54 YEARS, VELLARAMKUNNU ESTATE, CHOONDA P.O., KALPETTA AMSOM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 115 of 2011 ==================================== Dated this the 25th day of January, 2011 O R D E R Petitioners are accused in Crime No.296 of 2008 of Kalpetta police station and C.C. No.199 of 2009 of the court of learned Chief Judicial Magistrate, Kalpetta for offences punishable under Sections 143, 147, 148, 447 and 427 read with Section 149 of the Indian Penal Code. Case is that on 06.09.2008 at about 11.30 a.m petitioners formed themselves into an unlawful assembly, committed rioting armed with deadly weapons, trespassed into the property allegedly belonging to and in the possession of respondent No.1, committed mischief and fixed a Board containing the emblem of the State Government in a symbolic way to show that it is Government property and thereby committed the said offences. According to the petitioners there is no offence as alleged made out even on the face of the allegations in the final report. Learned Senior Advocate for petitioner after arguing the matter for some time has sought permission to withdraw the petition without prejudice to the right of petitioners to take appropriate defence in the trial court at the appropriate stage. CRL.M.C. No.115 of 2011 -: 2 :- 2. Having heard learned Senior Advocate for petitioner and the learned Public Prosecutor I am inclined to grant permission. Resultantly, this Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioners to take appropriate defence in the trial court at appropriate stage. THOMAS P. JOSEPH, JUDGE. vsv