IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Crl.MC.No. 1163 of 2005() ------------------------- AGAINST THE ORDER DATED 21/10/2004 IN CMP 2452/04 IN ST.3045/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... PETITIONER: DEFACTO COMPLAINANT: ---------------------------------------------- RAJANI, D/O. AYYAPPAN, AGED 28 YEARS, KANHIRAMKKATTIL HOUSE, VATTAVANAPURAM, EDATHANATTUKKARA, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.M.V.HARIDAS MENON RESPONDENT: PROSECUTION/1ST & 2ND ACCUSED: --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY GOVT. PLEADER HIGH COURT OF KERALA, ERNAKULAM. 2. RAMADASAN, S/O. RAMAN, AGED 39 YEARS, PANDARATHIL HOUSE, VATTAVANAPURAM, EDATHANATTUKKARA, MANNARKKAD TALUK, PALAKKAD DISTRICT. 3. SHAJI, S/O. ABDULLA, AGED 25 YEARS, POOKADAN HOUSE, VATTAVANAPURAM, EDATHANATTUKKARA, MANNARKKAD TALUK, PALAKKAD DISTRICT. GOVT.PLEADER SRI.RAVINDRA BABU. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A. K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 1163 of 2005-A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2009. Order This Crl.M.C was admitted and notice was ordered on April 8, 2005. Interim stay of pronouncing the judgment was also granted. Lower court records in the case pending on the file of the Judicial Magistrate of First Class, Mannarkkad were called for. It is revealed that the lower court records are now available in the Registry. 2. However the petitioner has not bothered to pay process in the case so far to serve notice on the respondents. Today petitioner and counsel are also absent. Evidently this is a clear case of abuse of process. 3. Having carefully perused the impugned order and the materials available on record, I do not find any merit in any of the contentions raised by the petitioner. Therefore the Crl.M.C is dismissed. The Registry shall send back the lower court records to the court concerned, forthwith. A.K. Basheer Judge an.