IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Crl.MC.No. 2561 of 2010() ------------------------- SC.150/2010 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE .................... PETITIONER(S): --------------- 1. T.ASSAINAR, S/O.SAIDALAVI SHAFI, MANZIL HOUSE, NAR KUNNIL PALLI, MOGRAL, KUMBLA, KASARAGOD. 2. M.S.ALI, S/O.MAMMUNHI, RAHMANIYA MANZIL, SULTHAN GARDEN HOUSE, KUMBLA, KASARAGOD. 3. K.A.IMTHIAS, S/O.ABDULLA, SAHIRA MANZIL, K.K.PURAM, THALANGARA, KASARAGOD. 4. K.FAROOK, S/O.ABDUL KADER, NANGI KADAPPURAM, KUMBLA, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 2561 of 2010 * * * * * * * * * * * * * * * * * * Dated: 8th July, 2010 ORDER Petitioners who are accused Nos. 2,3,8 and 10 in Crime No. 1022 of 2002 of Kasaragod Police Station for offences punishable under Sections 143, 147, 148, 427 and 308 read with Sec. 149 I.P.C. and stated to be pending before the Addl. Sessions Court, (Adhoc – III), Kasaragod as Sessions Case No. 150 of 2010 , seek to quash the proceedings on the ground that in S.C. No. 474/04 as per which the remaining accused persons faced trial, the Public Prosecutor in-charge of the case had withdrawn the prosecution with the permission of the Court by invoking Section 321 (b) Cr.P.C. According to the petitioners, when the prosecution was withdrawn in S.C. 424/04, the case against the petitioners also should be treated as withdrawn. 2. The petitioners can move the Addl. Sessions Court -:2:- Crl.M.C. NO. 2561 of 2010 and raise the above contention. Without approaching the trial Court with the above request, they cannot straight away come to this Court with a petition under Section 482 CrP.C. Reserving the above right of the petitioner to move the trial Court, this Crl. M.C. is dismissed. V. RAMKUMAR, (JUDGE) ani.