IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Crl.MC.No. 5079 of 2010() ------------------------- CRIME NO.519 OF 2010 OF PERINTHALMANNA POLICE STATION. JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA. .................... PETITIONER/1ST ACCUSED --------------------------------------- KANDEKKADAN KUNHAYAMU, S/O.HAMSA, KANDEKKADAN HOUSE, ALIPARAMB AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENTS/COMPLAINANT/STATE ------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE ADDITIONAL SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031. 2. ALIPARAMBA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O.ALIPARAMBA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.5079 of 2010 -------------------------------------- Dated this the 23rd day of May, 2011. ORDER First accused in Crime No.519 of 2010 of Perinthalmanna Police Station is the petitioner before me seeking to quash Annexure-A, FIR and all further proceedings against him and other accused in the said crime. Case is that on 25.05.2010 at about 10.15 a.m. petitioner and others removed the bus waiting shed constructed by the DYFI and caused political riot. According to the petitioner, the bus waiting shed was constructed on public road without authority and it was removed by the local authority on 25.05.2010 pursuant to Annexure-B, decision taken by it. Learned Public Prosecutor submitted that final report has been submitted against petitioner and others on 30.06.2010, case is taken on file as S.T.No.2068 of 2010 and the case stood posted on 11.03.2011. Learned counsel has sought permission to withdraw this Criminal Miscellaneous Case without prejudice to the right of petitioner to raise appropriate defence before learned Judicial First Class Magistrate-I, Perinthalmanna where the case is pending. Having regard to the circumstances, I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioner to raise appropriate defence before the learned Magistrate as provided under law. THOMAS P.JOSEPH, Judge. cks