IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Crl.MC.No. 520 of 2011() ----------------------------------- SC.965/2009 of 1ST ADDITIONAL ASST SESSIONS COURT, THRISSUR CP.20/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD CRIME NO.220/2002 OF CHAVAKKAD POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------------------------- SHAMSUDEEN,S/O.SULIMAN, THAZATH VEETTIL HOUSE, THIRUVATHRA DESOM, MANATHALA VILLAGE, CHAVAKKAD TALUK,THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): COMPLAINANT/ STATE ------------------------------------------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. MUHAMMED,AGED 40 YEARS, S/O.HAMSA, KALOORAYIL HOUSE, PUNNA,CHAVAKKAD TALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SRI.V.V.JOY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.520 of 2011 -------------------------------------- Dated this the 3rd day of March, 2011. ORDER Petitioner is accused in S.C.No.965 of 2009 of the court of learned Additional Assistant Sessions Judge-I, Thrissur. Case is that on 02.06.2002 at about 10 p.m. petitioner and others formed unlawful assembly, committed rioting armed with sword and stick and attacked the defacto complainant. Some of the accused faced trial and were acquitted by Annexure-E, judgment. Case against petitioner was split up. In the meantime petitioner is said to have reached a settlement with the defacto complainant and on its strength it is requested that proceeding against him may be quashed. After arguing the matter for some time learned counsel sought permission to withdraw this petition without prejudice to the right of petitioner to take appropriate defence in the trial court. I have heard learned Public Prosecutor also. I do not find reason to disallow that request. Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence in the trial court. THOMAS P.JOSEPH, Judge. cks