IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Crl.MC.No. 3596 of 2007() ------------------------------------ CP.34/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II,NEYYATTINKARA .................... PETITIONER(S): 1ST ACCUSED ---------------------------------------------- NIRMALAN, VALIAVILA PUTHEN VEEDU, KOLLAMCODE, VILAVANCODE. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3596/2007 APPENDIX PETITIONER'S ANNEXURES ANNEXURE A:- COPY OF THE ORDER IN CMP.43275/2000 IN OP. NO.25911/2000 DTD. 4.9.2000 PASSED BY THIS HONOURABLE COURT. ANNEXURE B:- COPY OF THE JUDGMENT IN OP. 25664/2000 DTD. 25.9.2000 PASSED BY THIS HONOURABLE COURT. ANNEXURE C:- COPY OF THE FIR NO.119/2003 DTD. 26.7.2003. ANNEXURE D:- COPY OF THE REPORT OF THE SUB INSPECTOR OF POLICE PAZHIYOOR DTD. 14.9.2003. ANNEXURE E:- COPY OF THE SECTION 164 STATEMENT OF CW4 & CW5 & CW8& CW9. ANNEXURE F:- COPY OF THE CHARGE SHEET IN CP.35/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEYYATTINKARA. RESPONDENT'S ANNEXURE NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 3596 of 2007 - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the first accused in C.P. No. 34 of 2007 on the file of the Judicial First Class Magistrate-II, Neyyattinkara. The Public Prosecutor states that by order of the Superintendent of police, Thiruvananthapuram the matter is now being investigated. 3. It is open to the petitioner to highlight his grievance before the Investigating Officer stating that he is not the owner of the vehicle. Since the matter is under investigation, the learned counsel for the petitioner seeks permission of this Court to withdraw the case to raise all the relevant points before the Investigating Officer. The petitioner is free to assail the final report before the Investigating Officer, if so advised. This Crl.M.C is disposed of as withdrawn. sd/- B.P. RAY, JUDGE. rv