IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 2130 of 2010() ------------------------- AGAINST THE ORDER IN MC 39/2004 IN SC.672/2003 of ADDL. SESSIONS COURT, VADAKARA .................... PETITIONER(S): --------------- 1. VALIYAPARAMBATHU CHATHU, S/O.KANNAN, AGED 70 YEARS, VALIYAKOYILOTH, VALIYAPARAMBATH, P.O.VISHNUMANGALAM. 2. CHIRUTHA KUNNIYULLATHIL, D/O.KUNGAR CHIRUTHA, AGED 75 YEARS, KUNNIYULLATHIL MEETHAL, P.O.VISHNUMANGALAM. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2130 of 2010 ---------------------------------- Dated this the 28th day of July, 2010 ORDER The petitioners are the sureties of the 4th accused in S.C.No.672 of 2003 initially on the file of the Assistant Sessions Court, Vatakara and subsequently transferred to the Additional Sessions Court (NDPS cases), Vatakara by the Sessions Judge, Kozhikode on 29/6/2005. M.C.No.39/2004 was initiated by the Assistant Sessions Court prior to the transfer. But the same was not transferred to the Additional Sessions Court. After the transfer of the case to the Additional Sessions Court the prosecution was withdrawn with the consent of the court on 31/12/2005 under Section 321 of Code of Criminal Procedure and S.C.No.672 of 2003 was accordingly disposed of on that day by the Additional Sessions Court. Crl.M.C.No.2130 / 2010 2 The Assistant Sessions Judge, Vatakara could not have retained M.C.No.39/2004. It should have been made over to the Additional Sessions Court, Vatakara. That was not done. At any rate, on 7/2/2006 that is, long after the disposal of the case by the Additional Sessions Judge, the Assistant Sessions Judge was not justified in imposing the penalties on the petitioners as has been done as per Anneuxre-2 order dated 7/2/2006. Annexure-2 order is accordingly quashed and the M.C.No.39 of 2004 shall stand dropped. V.RAMKUMAR, JUDGE skj