IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 CRL.MC.NO. 198 OF 2011() ------------------------------------- CRIME NO,.783 OF 2010 OF THE KOTTIYAM POLICE STATION, KOLLAM DISTRICT. PETITIONER(S): ACCUSED NOS.1 & 5 ----------------------------------------------------- 1. SURESH AMBROSE,S/O.AMBROSE,SURESH VIHAR, NEAR JAYASREE THEATERS,KOTTIYAM,KOLLAM DISTRICT. 2. VIJAYAN,S/O.MICHAEL,VIJAYA BHAVAN, OTTAPLAMOODU,KOTTIYAM,KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR HIGH COURT OF KERALA,ERNAKULAM. 2. BINU,S/O.DEVARAJAN,AMBADI HOUSE, NEAR KURISHADI MUKKU,THAZHUTHALA CHERRY, THAZHUTHALA VILLAGE,KOLLAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 198 of 2011 ==================================== Dated this the 28th day of January, 2011 O R D E R Petitioners are accused Nos.1 and 5 in Crime No.783 of 2010 of Kottiyam Police Station for offences punishable under Sections 143, 147, 294(b), 452, 308, 427 and 120(b) read with Section 34 of the Indian Penal Code. Case was registered on the information given by respondent No.2 that he was attacked by the accused persons allegedly including petitioners also on 13.06.2010 at about 1.55 p.m. Petitioners say that respondent No.2 later informed the police that petitioners are not involved in the alleged incident. Respondent No.2 filed Annexure-A4, petition before the Director General of Police, Kerala requesting to exclude petitioners who according to respondent No.2 are not involved in the alleged incident. Hence this petition. I have heard learned counsel for petitioner and learned Public Prosecutor. Learned Public Prosecutor submits that after investigation police has filed final report against all the accused including petitioners also before the learned Judicial First Class Magistrate, Kollam on 15.10.2010. In view of that, relief prayed for in this petition cannot be granted. Resultantly, Criminal Miscellaneous Case is dismissed in view of submission of final report against petitioners. THOMAS P. JOSEPH, JUDGE. vsv