IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 CRL.A.No. 905 of 2008() ----------------------- M.C.NO. 33/07 IN CC.196/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... APPELLANT: COUNTER PETITIONER: ------------------------------ 1. RAJAN, S/O.SANKARAN, KONATTU VEEDU, VATHIKKUDI, UDUMBANCHOLA. 2. CHANDRAN, S/O.SURIAN, VAZHAKKALAYIL, VATHIKKUDI KARA. BY ADV. SRI.K.K.SUNIL KUMAR (IDUKKI) RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.A.No. 905 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2008 JUDGMENT The learned counsel for the appellants, after discussions at the Bar, accepts that this appeal u/s. 449 Cr.P.C. is not maintainable before this Court. He prays that he may be permitted to withdraw this appeal without prejudice to his right to approach the learned Sessions Judge with a proper appeal under Section 449 cr.P.C. Request accepted. 2. This appeal is dismissed as not pressed. Return the copy of the impugned order to the counsel for the appellants forthwith. (R. BASANT) Judge tm