IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 4090 of 2008() ------------------------- AGAINST THE ORDER IN CC.565,588,699 & 817/06 IN CC.417/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II,NEYYATTINKARA .................... PETITIONER(S): ACCUSED --------------- MARATHUR PANDYAN @ MARUTHU, S/O. MUNIYACHAMI, IRULANDI SEKHAR COMPOUND 19 A VEEDU, KAMARAJAPURAM KUMARAN KURUKKU, MADURAI DISTRIC, TAMIL NADU. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4090 of 2008 ------------------------------------- Dated this the 3rd day of November, 2008 ORDER Petitioner has been found guilty, convicted and sentenced in 5 different cases, all under Section 379 I.P.C. He has been sentenced to undergo substantive sentence of imprisonment and also fine. Default sentence has also been prescribed. The petitioner has come to this Court with this petition under Section 482 Cr.P.C for a direction to be issued in favour of the petitioner under Section 427 Cr.P.C for concurrency of the sentences imposed in the 5 different cases. 2. After discussions at the Bar, the learned counsel for the petitioner submits that the petitioner may be permitted to withdraw this petition without any fetter on his rights to challenge the impugned orders in appropriate proceedings and to claim concurrency in such challenges before the appropriate court. 3. This Crl.M.C is, in these circumstances, dismissed as agreed. Return the documents, ie. Annexures A to E to the learned counsel for the petitioner forthwith. (R.BASANT, JUDGE) rtr/- 2