IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 Crl.MC.No. 4990 of 2010() ------------------------- CRL.M.P.NO.3318/2010 IN SC.273/2008 of SESSIONS COURT, ALAPPUZHA .................... PETITIONER(S): CR.PETITIONER/ACCUSED ------------------------------------ VIJAYAN, S/O. NARAYANAN, AGED 62 YEARS, KOLLAMPARAMBU, C.M.C. -2. CHERTHALA. BY ADV. SRI.C.K.SAJEEV RESPONDENT(S): PETITIONER/COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SMT.PUSHPALATHA M.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4990 of 2010 -------------------------------------- Dated this the 3rd day of January, 2011. ORDER Petitioner, accused in S.C.No.273 of 2008 of the court of learned Sessions Judge, Alappuzha for offence punishable under Section 376 of the Indian Penal Code challenges the order dated 02.12.2010 allowing Annexure- A3, application moved by the Public Prosecutor for further investigation by conducting DNA test of petitioner and the child allegedly born on account of the alleged incident. After arguing the matter for some time learned counsel has sought permission to withdraw this petition without prejudice to the right of petitioner to take up all defence in the trial court even after submission of further report regarding further investigation. 2. Having regard to the circumstances stated, petitioner is permitted to withdraw this petition without prejudice to his right to take up all defence as provided under law. Crl.M.C.No.4990/2010 2 Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioner to take up all appropriate defence as provided under law even after the submission of further report based on Annexure-A5, order. Crl.M.A.No.8123 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks