IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.MC.No. 3161 of 2008() ------------------------- CMP.5655/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR CRIME NO.612/07 OF KANNUR TOWN POLICE STATION .................... PETITIONER(S): PETITIONER ------------------------- P.P.MANOJ, S/O.BHASKARAN, PULILANDY HOUSE, CHIRAKKAL AMSOM, PUZHATHI,KANNUR DIST. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): RESPONDENT & PETITIONER -------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR OF HIGH COURT OF KERALA, ERNAKULAM. 2. P.SUDHEEP, S/O.SURENDRAN, CHETTIPEEDIKA, KANNUR DIST. 3. M.K.PRASANTH, S/O.K.M.KUNHIRAMAN, GURUMUKHA HOUSE, POST PALLIKUNNU, CHETTIPEEDIKA, KANNUR. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR ADV. SRI.R.SURENDRAN FOR R2 SRI.R.SURENDRAN FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3161 of 2008 ------------------------------------- Dated this the 5th day of December, 2008 ORDER After discussions at the Bar today the learned counsel for the petitioner submits that the petitioner does not want to further prosecute this Crl.M.C and it is prayed that this petition may now be dismissed as not pressed. 2. The learned counsel for the respondent submits that wisdom has now dawned on the petitioner because it is evident that the petitioner shall not be able to support his case and that if this Court were to go into the matter in detail, the offence of forgery committed by the petitioner will be evident. The respondent in his counter statement has wanted this Court to take action against the petitioner for production of a forged document and interfering with the course of justice. 3. In as much as the petitioner does not want to prosecute this Crl.M.C, I am satisfied that this Crl.M.C can be dismissed as withdrawn. But I do note that the petitioner has enjoyed the fruits of interim stay granted in this case. In these circumstances, as requested by the learned counsel for the Crl.M.C. No.3161 of 2008 2 respondent, there shall be a specific and definite direction to the petitioner to surrender the vehicle before the learned Magistrate forthwith, failing which the learned Magistrate can proceed with the matter to enforce the direction. 4. I accept the request of the learned counsel for the respondent. It is observed that the respondent shall be at liberty to move the learned Magistrate to initiate proceedings against the petitioner for allegedly producing a forged document to mislead the Court and to interfere with the course of justice. 5. This Crl.M.C is, in these circumstances, dismissed with the above observations. (R.BASANT, JUDGE) rtr/-