IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Crl.MC.No. 2518 of 2008() ------------------------- AGAINST THE ORDER IN MC.95/2007 IN SC.1175/2006 of ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM .................... PETITIONERS: COUNTER PETITIONERS 2 & 3 ------------ 1. KARBI, S/O.JOSEPH, THENGUVILA VEEDU, MULAVANA VILLAGE, MULAVANA CHERRI. 2. SANTHA, W/O.JOSEPH, THAVUTTU THEKKATHIL, MANGADU VILLAGE, ARUNUTTIMANGOLAM CHERRI, KOLLAM. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: PETITIONER ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2518 of 2008 ------------------------------------- Dated this the 4th day of July, 2008 ORDER After discussions at the Bar, the learned counsel for the petitioners accepts that the impugned order which is passed under Section 447 Cr.P.C is an order which is appealable under Section 449 Cr.P.C. The counsel at the end of the discussion only prays that the petitioners may be permitted to withdraw this Crl.M.C without any fetter on their right to challenge the impugned order in a properly instituted appeal under Section 449 Cr.P.C. Request is accepted. 2. This Crl.M.C is, accordingly dismissed as withdrawn. Return the impugned orders to the learned counsel for the petitioners to enable him to prefer an appeal under Section 449 Cr.P.C. (R.BASANT, JUDGE) rtr/-