IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Crl.MC.No. 884 of 2009 ------------------------------ CRMC.NO.10819/2004 BEFORE JUDL.FIRST CLASS MAGISTRATE-III PUNALUR .................... PETITIONER(S): ---------------------- P.ASHOK KUMAR, S/O.PARAMESWARAN, ASHOKAMANDIRAM, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJESH RESPONDENT(S): ----------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 884 of 2009-E ================== Dated this the 26th day of June, 2009. O R D E R Petitioner is the accused and second respondent the defacto complainant in Crl.M.C.No.10819/2004 (Annexure II complaint) filed by the Munsiff, Punalur pursuant to the findings in Annexure I judgment. Case of the petitioner is that complaint was filed without conducting an enquiry under Section 340 of Code of Criminal Procedure and therefore not maintainable. 2. Learned Counsel appearing for the petitioner and the respondent who sought to get himself impleaded as additional respondent by filing Crl.M.A.No.2008/2009 submitted that Annexure II complaint was dismissed under Section 204 of Code of Criminal Procedure. In such circumstances, as Annexure II complaint itself is not there, the petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr