IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 Crl.MC.No. 366 of 2011() ------------------------ CC.392/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD CRIME NO.127 OF 2008 OF PANGODU POLICESTATION .................... PETITIONER(S)/PETITIONER: --------------- RAJESH,S/O.BALAKRISHNAN ACHARI,AGED 23 YEARS,NELLILPARA PLAVILA PUTHEN VEEDU, ARIVARIKUZHY,VAMANAPURAM,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.VENJARAMOODU M.ZIYAD SRI.SANU.S.PANICKER RESPONDENT(S): RESPONDENTS -------------------------- THE SUB INSPECTOR OF POLICE, PANGODU POLICE STATION,KALLARA,TRIVANDRUM DISTRICT,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.366 of 2011 -------------------------------------- Dated this the 14th day of February, 2011. ORDER Petitioner is accused No.3 in Crime No. 127 of 2008 of Pangode Police Station and C.C.No.392 of 2008 of the court of learned Judicial First Class Magistrate-II, Nedumangad facing trial for offence punishable under Section 401 of the Indian Penal Code (for short, “the Code”). Case is that on 09.07.2008 at about 1.15 a.m. petitioner was seen in the company of two others in front of a jewellery shop . This petition is to quash proceedings against petitioner on the contention that no offence as alleged (Section 401 of the Code) is made out. Learned counsel however requested permission to withdraw this petition without prejudice to the right of petitioner to take appropriate defence in the trial court. Learned counsel also sought a direction for speedy disposal of the case. I have heard learned Public Prosecutor also. 2. Having regard to the circumstances stated by learned counsel I am inclined to allow the request for withdrawal of the petition. So far as the speedy disposal of the case is concerned, I make it clear that it is open to the petitioner to make a request before learned Judicial First Class Magistrate-II, Nedumangad in that regard and if any such request is made learned Magistrate shall consider the same having regard to the need of petitioner. Crl.MC No.366/2011 2 Resultantly with the above observation and without prejudice to the right of petitioner to take appropriate defence in the trial court, this petition is dismissed as withdrawn. THOMAS P.JOSEPH, Judge. cks