IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Crl.MC.No. 4236 of 2005() ------------------------- CC.3291/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER: ACCUSED ------------------- 1. M/S.KOTTUKKAL CHITTIES PVT. LTD., KOTTUKKAL BUILDINGS, CHITTOOR ROAD, AYYAPPANKAVU, KOCHI-18. 2. MR.K.K.VELAYUDHAN, CHAIRMAN, M/S.KOTTUKKAL CHITTIES PVT. LTD., KOTTUKKAL BUILDINGS, CHITTOOR ROAD, AYYAPPANKAVU, KOCHI-18. 3. K.V.SADANANDAN, S/O.K.K.VELAYUDHAN, ASST.MANAGER, M/S.KOTTUKKAL CHITTIES PVT. LTD., KOTTUKKAL BUILDINGS, CHITTOOR ROAD, AYYAPPANKAVU, KOCHI-18. BY ADV. SRI.C.K.PAVITHRAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. K.J.XAVIER, KANDAYIKODATH HOUSE, SANKARANANDASRAMAM ROAD, AYYAPPANKAVU, KOCHI-18. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.ALEXANDER PETER FOR R1 R2 BY PUBLIC PROSECUTOR SRI JAI GEORGE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/06/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.15297/2005 IN CRL.M.C.NO.4236/2005 DISMISSED. 12-6-2008. SD/- V.K.MOHANAN, JUDGE. //TRUE COPY// V.K.MOHANAN, J. ---------------------------------------------- CRL.M.C. No.4236 of 2005 ---------------------------------------------- Dated, 12th June, 2008. ORDER Accused Nos. 1 to 3 in C.C.No.3291/2005 on the file of the Judicial First Class Magistrate-1 Ernakulam are the petitioners herein who filed this petition with a prayer to quash Annexure A1 complaint and all proceedings instituted thereon against the petitioner, in exercise of the powers under section 482 of Cr.P.C. 2. I have heard the counsel for the petitioner as well as the Ist respondent on 6-6-2008 and the same was adjourned for further hearing to this date. Today, when the matter is taken for consideration, the counsel for the petitioner, on instruction, submitted that the petitioners are not pressing this Crl.M.C. Therefore, the same may be dismissed as not pressed and further submitted that the 2nd petitioner, who is at the age of 80 years, may be exempted from appearance. Since the petitioners are not pressing the Crl.M.C., the same is dismissed as not pressed. I am sure that on request before the court below on CRMC 4236/05 -:2:- behalf of the 2nd petitioner for exemption, the learned Magistrate will consider the petition for exemption in favour of him and his presence will not be insisted except on inevitable stages of the trial. Hence, the Crl.M.C. is dismissed as not pressed but subject to the above observation. V.K.MOHANAN, JUDGE kvm/- CRMC 4236/05 -:3:- V.K.MOHANAN, J. No.... Judgment/Order Dated: