IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 1125 of 2010() ------------------------- CC.173/2006 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER(S): ACCUSED 1 & 2: ------------------------------------------------- 1. BENNY @ BENEDICT, AGED 39 YEARS, S/O.AUGUSTINE, MANGALATH HOUSE, NEAR EDAPPALLY HIGH SCHOOL, ERNAKULAM. 2. PREETHI, AGED 27 YEARS, CHIRAYIL HOUSE, THALAYATTOM P.O., VAIKOM, KOTTAYAM. BY ADVS. SRI.C.HARIKUMAR, SMT.MOLLY KOSHY. RESPONDENT(S): STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1125 of 2010 -------------------------------------- Dated this the 23rd day of February, 2011. ORDER This petition is filed by accused Nos.1 and 2 in C.C.No.173 of 2006 of the court of learned Chief Judicial Magistrate, Kozhikode which is for offence punishable under Section 4(1) of the Immoral Traffic (Prevention) Act. Learned counsel submits that there is no instruction from the petitioner. Learned Public Prosecutor submitted that the instruction given to him on 02.09.2010 is that the case is posted for questioning of petitioners and others under Section 313 of the Code of Criminal Procedure (for short, “the Code”). 2. Since trial of the case has progressed to that extent it is not necessary for this Court to interfere at this stage under Section 482 of the Code. Petition is dismissed. THOMAS P.JOSEPH, Judge. cks