IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Crl.MC.No. 2272 of 2007() ------------------------- CMP.458/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT- II,NEYYATTINKARA .................... PETITIONER: COUNTER PETITIONER ----------------------------------------- MUHAMMED SALIL, S/O MUHAMMED KANNU, THRIVENI HOUSE, THIRUVALLAM DESOM. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT/PETITIONER AND STATE ------------------------------------------- 1. MUHAMMED BASHEER, S/O ABDUL RASAQ, VALIYPAREMBU VEEDU, VIZHINJAM DESOM, VIZHINJAM VILLAGE. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI.R.T.PRADEEP FOR R1 SRI.V.VIJULAL FOR R1 PUBLIC PROSECUTOR SHRI THOMAS JOHN AMBOOKKEN FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.3447/07 IN CRL.M.C.NO.2272/07 //DISMISSED// 7.4.09 SD/-M.C.HARI RANI, JUDGE. M.C. HARI RANI, J. ====================== CRL.M.C.NO.2272 of 2007 ======================= Dated this the 7th day of April 2009 ORDER No representation for the petitioner. Heard the learned counsel appearing for the first respondent. 2. The prayer in this petition filed under Section 482 of Cr.P.C. is to reverse the order of the court below and to direct the learned Magistrate to rehear the matter after affording an opportunity to the petitioner to adduce evidence. The impugned order is produced as Annexure-A1 along with this Crl.M.C. As per that impugned order in C.M.P.No.458/2005 dated 14-6-2006, the learned Judicial First Class Magistrate-II, Neyyattinkara has ordered to give custody of the timber to the petitioner in that petition who is the accused in Crime No.276/2004 of Vizhinjam police station. The counter petitioner in that petition is the de facto complainant in that crime. The Vizhinjam police after investigation of Crime No.276/2004 has filed a refer charge as CRMC. 2272/2007 -2- mentioned in the impugned order. The above said order has been passed by the learned Magistrate with conditions. This Crl.M.C.is filed before this Court on 13-7-2007 and this Court as per order dated 16-7-2007 has given an interim direction as follows: “There shall be an interim direction that order Annexure-A1, if not implemented so far, shall not be implemented until further orders.” 3. It is submitted by the learned counsel for the first respondent that the conditions imposed on the petitioner in C.M.P.No.458/2005 who is the first respondent herein, have been complied with and the properties have already been released to him. It appears from the facts and circumstances of this case that the petitioner is not interested to prosecute this case as is evident from the non-representation on the part of the petitioner. In the circumstances, this Crl.M.C.is dismissed. M.C. HARI RANI JUDGE ks.