IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Crl.MC.No. 2594 of 2011 CRIME NO.19/06, HARBOUR POLICE STATION, ERNAKULAM DISTRICT ------------------------------------- PETITIONERS: ACCUSED: ------------------------------------ 1. ASHOK KUMAR MISHRA, S/O.LATE YADU NATH MISHRA, AGED 69 YEARS, 666, SAHID HEMANTA KUMAR BOSE SARANI F.I,3RD FLOOR, JAWPUR, DUM DUM, KOKATA-700 074. 2. GAYETRI MISHRA, W/O.ASHOK KUMAR MISHRA, AGED 62 YEARS, DO. DO. 3. SANJAY KUMAR MISHRA, S/O.ASHOK KUMAR MISHRA, AGED 40 YEARS, DO. DO. BY ADV. SMT.SOUMINI JAMES RESPONDENT: COMPLAINANT ---------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR, SRI.B.JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MM Crl.MC.No. 2594 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 COPY OF THE F.I.R. IN CRIME NO:19/06 OF HARBOUR POLICE STATION ANNEXURE A1(a) TRANSLATED COPY OF F.I.R. ANNEXURE A2 COPY OF INVOICE DATED 25/07/05 ANNEXURE A3 COPY OF BILL OF LADING DATED 25/07/05 ANNEXURE A4 COPY OF PACKING LIST DATED 25/07/05 RESPONDENT'S ANNEXURES: NIL TRUE COPY P.A. TO JUDGE MM N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.2594 of 2011 ----------------------------------- Dated this the 11th day of October 2011 O R D E R It is submitted by the learned Public Prosecutor that the de facto complainant filed a petition to have the investigation conducted by the CBI. That petition was allowed. As against the same, W.A.No.293/2008 was filed by the CBI. It is submitted that it was dismissed for default and now the CBI is intending to file an application for restoration. In the light of the facts stated above, this Crl.M.C. is closed with liberty to the petitioners to move this Court after the disposal of the W.A., if a situation arises for filing such a petition. N.K.BALAKRISHNAN, JUDGE. Jvt