IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 Crl.MC.No. 5090 of 2010() ------------------------- CC.1004/2008 of JUDL. FIRST CLASS MAGISTRATE'S COURT-I (FOREST OFFENCES), THODUPUZHA .................... (CRIME NO.277/2007 OF KALIYAR POLICE STATION, IDUKKI DISTRICT) ... PETITIONER(S): ACCUSED: ----------------------------------------- GEORGE V.JOHN,S/O.VARGHESE, AGED 58 YEARS, NAMBIAPARAMBIL HOUSE, POLIKULAM PO, THODUPUZHA. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI.GEORGE MATHEW, SRI.DIPU JAMES, SMT.K.V.RAMYA. RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRSENTED BY CIRCLE INSPECTOR OF POLICE, KALIYAR,THODUPUZHA, ERNAKULAM DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. SUB INSPECTOR OF POLICE, KALIYAR,THODUPUZHA,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. SUPDT. OF POST OFFICES, IDUKKI DIVISION, THODUPUZHA 685 584. R1 TO R3 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ------------------------------- Crl.M.C.No.5090 of 2010 ------------------------------- Dated this the 1st day of February, 2011. O R D E R This petition is filed by the accused in Crime No.277 of 2007 of Kaliyar Police Station and C.C.No.1004 of 2008 of the Court of learned Judicial First Class Magistrate-1, Thodupuzha facing trial for offence punishable under section 409 of Indian Penal Code. Petitioner seeks to quash Annexures A2 and A3, FIR and final report on various grounds including that allegations are misconceived and that no sanction has been obtained under section 197(1) of the Cr.P.C. At the time of hearing, learned counsel has sought permission to withdraw this petition without prejudice to the right of petitioner to take up appropriate defence before the trial court at the appropriate stage. 2. I have heard learned Public Prosecutor. Having regard to the request made I find no reason to reject it. Resultantly, this petition is dismissed as withdrawn without prejudice to the right of petitioner to take up appropriate defence before the trial court at the appropriate stage. THOMAS P.JOSEPH, Judge ami/