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. 540 of 2004(B) ------------------------- CRRP.46/2002 of SESSIONS COURT, THODUPUZHA MC.9/2002 of SUB DIVISIONAL MAGISTRATE, DEVIKULAM) .................... PETITIONER(S): RESPONDENTS 2,3 & 5 TO 9/PETITIONERS 2,3& 5 TO9 -------------------------------------------------------------- 1. SRI.K.P.ISSAC S/O. RAVATH, KUTTIPUZHAYIL HOUSE, ADIMALI, MANNAMKANDAM VILLAGE. 2. SMT. ALEMMA W/O. ISSAC, KUTTIPUZHAYIL HOUSE, ADIMALI, MANNAMKANDAM VILLAGE. 3. JOSE S/O. ABRAHAM, MUNDAKKAL HOUSE, POLINJAPALAM, MANNAMKANDAM VILLAGE. 4. SRI.OUKUNJU S/O. KOYYAN, MOOLETHIYIL, POLINJAPALAM, MANNAMKANDAM VILLAGE. 5. KUNJU MUHAMMED S/O. KOYYAN, MOOLETHIYIL, POLINJAPALAM, MANNAMKANDAM VILLAGE. 6. SRI PAILY S/O. YACOB, KUDIYIRICKIL HOUSE POLINJAPALAM, AAYIRAM ACRE, MANNAMKANDAM VILLAGE. 7. V.N.KUMARAN, VETTIYAMKUNNEL HOUSE, POLINJAPALAM, MANAMKANDAM VILLAGE. BY ADV. SRI.M.M.ELIAS RESPONDENT(S): APPELLANT & RESPDT.10, 1 & 4 /1ST RESPDT & COMPL.1 ----------------------------------------------------------------- 1. M.P.VARGHESE SECRETARY, MANJUMMELKUDY HOUSE, KEERAMPARA VILLAGE - FOR AND ON BEHALF OF THE MAR ATHANESIOUS COLLEGE ASSOCIATION, KOTHAMANGALAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 3. SARAMMA VARGHESE, MUNDIKKUDY, POLINJAPALAM, MANNAMKANDAM, ADIMALI. 4. AVARA MATHEW, KAKKATTUKUDIYIL, POLINJAPALAM, ADIMALI, MANNAMKANDAM VILLAGE. ADV. SRI.GEORGE JACOB (JOSE) FOR R1 PUBLIC PROSECUTOR SRI.JIKKU JACOB. 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. 540 of 2004-B - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the12th day of August, 2009. ORDER Though notice has been issued to the petitioners, they have not appeared either in person or through counsel. Respondent No.1 is represented by counsel. 2. Annexure I order passed by the Sub Divisional Magistrate, Devikulam on October 9, 2002 under Section 138 of the Code of Criminal Procedure was challenged by respondent No.1 herein before the Sessions Court, Thodupuzha in Crl.R.P.No.46/2002. The Crl.R.P was disposed of by the Sessions Court recording that all modification works as agreed to had been carried out. Having perused the impugned orders and also the other materials available on record, it is evident that nothing survives for consideration in this petition filed under Section 482 of the Code of Criminal Procedure way back in the year 2004. The Crl.M.C is therefore dismissed. A.K. Basheer Judge. an.