IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 8TH OCTOBER 2007 / 16TH ASWINA 1929 Crl.MC.No. 666 of 2005() ------------------------ CC.871/2004 of JUDL.MAGISTRATE OF FIRST CLASS, KOYILANDY .................... PETITIONER: ACCUSD. ------------------- KALLARAMKETTIL SATHYAN, S/O. LATE RARICHAN, PUTHIYANGADI AMSOM AND DESOM OF KOZHIKODE TALUK AND DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: STATE/COMPLAINANT. ------------------------------- 1. STATE OF KERALA - PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.I. OF POLICE, ELATHUR POLICE STATION, KOZHIKODE. 3. SHYAMALA, D/O. KITAN, SHYAMALA HOUSE, PUTHIYANGADI AMSOM AND DESOM OF KOZHIKODE TALUK AND DISTRICT. R3 BY ADV. SRI.JESWIN P.VARGHESE SRI.A.K.SUKUMARAN R1&2 BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. .................................................................... Crl. M.C. No.666 of 2005 .................................................................... Dated this the 8th day of October, 2007. ORDER Counsel for the petitioner submits after advancing vehement arguments as regards the tenability of the complaint that he may be permitted to withdraw this Crl. M.C. without prejudice to the petitioner advancing all the contentions that he has raised in this Crl. M.C. before the trial court to canvass for a discharge. In the result, I dismiss this Crl. M.C. without prejudice to the rights of the petitioner to advance all the contentions that he has raised in this Crl. M.C. before the trial court to canvass for discharge, if at all charge is not already framed in the case. K.P.BALACHANDRAN Judge pms