IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Crl.MC.No. 2378 of 2009() ------------------------- ST.605/2004 of Judicial First Class Magistrate -II, PEERMADE .................... PETITIONER(S): --------------- K.BIJUMON, AGED 39 YEARS, S/O.KUNJAPPAN, RESIDING AT PUTHENVEETIL HOUSE, CHERUMUTTAPPUZHA KARA, VAZHAKALA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VIJAYAN, S/O.SUBRAMANIAN, KONIMARA, ESTATE LAYAM, PERIYAR VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2378 OF 200 ------------------------------------------ Dated 29th October 2009 O R D E R As per order dated 30/9/2009, it is already noted that Crl.R.P.2288/2009 filed by the petitioner challenging Annexure-VIII order passed by the learned Magistrate dismissing the petition filed for discharge on the ground of want of sanction was withdrawn with liberty to raise the contentions before the learned Magistrate and in the light of the said order petitioner is not entitled to challenge the proceedings on the ground of want of sanction by filing this petition. Though case was posted for this day for hearing the petitioner, there is no representation for the petitioner. Petitioner is at liberty to challenge the prosecution for want of sanction at the time of trial by raising all the contentions raised herein. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.