IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH DAY OF NOVEMBER 2011/3RD AGRAHAYANA 1933 Crl.MC.No. 2806 of 2010 ( ) ------------------------ --------------- CC.1177/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I CHERTHALA .......... PETITIONER(S): 2ND ACCUSED --------------------------------------------- SMT.PREETHI, W/O.HARIHARAN P.K., PULIPPARA HOUSE, KANNANKARA P.O., THANNEERMUKKOM CHERTHALA, ALAPPUZHA. BY ADVS.SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.VIDYA MANUVILSAN RESPONDENTS ------------------------ 1. THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MR.TONY GEORGE, M/S.MAHINDRA & MAHINDRA FINANCE LTD., IIND FLOOR, CHANDRA SQUARE KALLAN ROAD, ALAPPUZHA. BY PUBLIC PROSECUTOR SRI.K.K.SAIDALAVI R2 BY SRI.DEVAPRASANTH.P.J. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24-11-2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.2806/2010 APPENDIX PETITIONER'S ANNEXURES A1- CERTIFIED COPY OF THE FIR IN VR. NO.362/2006 OF THE CHERTHALA POLCIE STATION. A2:- CERTIFIED BOPY OF THE FINAL REPORT SUBMITTED BY THE POLCIE IN CR. NO.362/2006 OF THE CHERTHALA POLICE STATIO A3:- CERTIFIED COPY OF THE CHARGE FRAMED BY THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE I, CHERTHALA IN CC. 1177/07 IN CR. 362/06 OF THE CHERTHALA POLICE STATION. A4:- COPY OF THE AGREEMENT DTD. 26.6.2006. A5:- COPY OF THE COMPLAINT DTD. 24.8.2006. A6:- COPY OF THE ACKNOWLEDGEMENT VIDE NO.613/SP.06-A. RESPONDENT'S ANNEXURES NIL //TRUE COPY// P.A .TO JUDGE tss C.T. RAVIKUMAR, J. -------------------------------------------- CRL.M.C. No. 2806 OF 2010 -------------------------------------------- Dated this the 24th day of November, 2011 ORDER This criminal miscellaneous case arises from C.C.No.1177 of 2007 on the file of the Judicial First Class Magistrate Court-I, Cherthala. The petitioner, who is the second accused, along with the co-accused stood indicted under sections 120(b), 420, 465, 467, 468, 471, 472, 475, 477 read with section 34 Indian Penal Code, before that court. Earlier, the second respondent herein filed a private complaint and the same was forwarded for investigation under section 156 (3) of the Code of Criminal Procedure. Annexure- A1 is the FIR. Annexure-A2 is the final report and Annexure -A3 is the charge. The learned Magistrate took cognizance and thereafter issued process to the petitioner herein and also to the co-accused. It is with the prayer to quash Annexures-A1, A2 and A3 that this criminal miscellaneous case has been filed. Crl.M.C 2806/2010 2 2. In view of the subsequent developments, I do not think it necessary to delve into the facts any further. So also, there is no necessity to consider contentions on merits any further in view of such developments. This criminal miscellaneous case was filed on 19.7.2010. Notice was issued to the second respondent only on 23.9.2010 and this Court has not passed any order staying further proceedings in C.C.1177 of 2007 before the Judicial First Class Magistrate Court-I, Cherthala. When the matter is taken up for consideration today, the learned counsel for the petitioner as also the learned counsel appearing for the second respondent submitted that in the meanwhile, the learned Magistrate proceeded with the trial and the prosecution evidence was over. In view of the said subsequent developments, it will not be in the interest of justice to consider this case any further for the purpose of considering the scope for bringing about an abrupt termination of the proceedings in C.C.No.1177 of 2007. Therefore, without entering into any finding with respect to the merits of the contentions raised by the petitioner and also without prejudice to the right of the petitioner to take defence, in accordance Crl.M.C 2806/2010 3 with law, this criminal miscellaneous case is dismissed. C.T. RAVIKUMAR (Judge) spc Crl.M.C 2806/2010 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 Crl.M.C 2806/2010 5