IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Crl.MC.No. 754 of 2011() ------------------------ SC.286/2010 of II ADDL.ASSISTANT SESSIONS COURT, KOZHIKODE .................... PETITIONER/ACCUSED:- --------------------------------- SOBIN C.P., S/O.KRISHNAN C.P., CHOYIMADATHIL PATHIRATTU HOUSE, VALLIKUNNU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT:- ------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.IV.PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 754 of 2011() APPENDIX PETITIONER'S ANNEXURE:- A1: COPY OF THE CHARGE IN SC.286/2010 ON THE FILE OF THE ADDL.ASSISTANT SESSIONS COURT-II, KOZHIKODE. A2: COPY OF THE LETTER DATED 26.11.2009 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT. RESPONDENT'S ANNEXURE:- NIL. ( TRUE COPY ) P.A. TO JUDGE. Kvs/- B.P. RAY, J. = = = = = = = = = = = = Crl.M.C.No.754 of 2011. = = = = = = = = = = = = Dated this the 6th July, 2011. O R D E R Heard learned counsel for the petitioner and the learned Public Prosecutor for the State. 2. The petitioner is the accused in SC.No.286/2010 on the file of the Addl.Sessions Court-II, Kozhikode alleging offence under Sections 143, 147, 148, 332, 324 and 308 read with 149 IPC. It is stated that this is a split up case from SC.No.551/2008 on the file of the very same court which corresponding to Crime No.217/2003 of the Kasaba Police Station, Kozhikode. The learned counsel for the petitioner states that the petitioners altogether 52 persons and the State Government by order dated 26.11.2009 had accorded sanction to withdraw the case against 51 accused persons. Copy of the above letter is produced as Annexure A2 with this case and accordingly the prosecution was withdrawn. As the petitioner was in abroad he did not get Crl.M.C.No.754/2011. 2 the benefit of Annexure A2 and therefore the present case is pending against him. In view of the fact that the prosecution has been withdrawn by the State Government as per Annexure A2, no useful purpose will be served in keeping this case pending. Since the prosecution has withdrawn and the State Government had accorded sanction to withdraw the case, I am of the considered view that pendency of this case will be an abuse of process of the court. Hence I direct that the prosecution against the petitioner in the aforementioned case shall be treated as closed. Crl.M.C. is disposed of as above. B.P. RAY, (Judge) Kvs/-