IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 Crl.MC.No. 959 of 2011() ----------------------------------- CC.NO. 11/2011 of JUDICIAL MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER(S): 2ND ACCUSED ---------------------------------------------- SINDHU, MANJANGAL HOUSE, KIDANGOOR KARA, MEENACHIL TALUK, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): STATE & COMPLAINANT ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, AYARKUNNAM POLICE STATION, KOTTAYAM. * ADDL.R3 IMPLEADED *ADDL.R3: ABHILASH.K. NAIR, AGED 38 YEARS, S/O. KARUNAKARAN NAIR, NAND NIVAS, THIRUVANCHOOR KARA, MANARKAD VILLAGE, KOTTAYAM TALUK.( AYARKUNNAM POLICE STATION LIMIT) * ADDL.R3 IMPLEADED AS PER THE ORDER DATED 4/4/11 IN CRMA.NO.1965/11 IN CRMC 959/2011. R1 & R2 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.959 of 2011 --------------------------------------- Dated this 03rd day of June, 2011 ORDER This petition is filed by the second accused in C.C.No.11 of 2011 of the Court of learned Judicial First Class Magistrate-III, Kottayam for offences punishable under Secs.120(b), 417 and 420 r/w Sec.34 of the Indian Penal Code. Allegation is that petitioner and first accused cheated the de facto complainant by personation. Petitioner wanted to quash proceeding against her on the ground that there is no material to show that she is in anyway involved in the alleged offence. At the time of hearing learned counsel for petitioner sought permission to withdraw this criminal miscellaneous case without prejudice to the right of petitioner to raise appropriate defence before the trial court. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. Permission is granted. This criminal miscellaneous case is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence before the trial court. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge