IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 Crl.MC.No. 4344 of 2010() ----------------------------------- ( CMP NO. 2028/2010 IN ST. 29/2010 OF JFCM COURT NILAMBUR) --------------------- PETITIONER(S): ACCUSED -------------------------------------- GEORGE PHILIP, S/O.PHILIP, KALARIKKAL HOUSE, CHUNGATHARA AMSOM, PALUNDA NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4344 of 2010 -------------------------- ORDER Petitioner, the accused in S.T.No.29/2010, filed C.M.P.No.2028/2010 fur further investigation under Section 173(8) of Code of Criminal Procedure. By Annexure-A4 order, learned Magistrate dismissed that petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A4 order and to order further investigation. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do not find any reason to interfere with Annexure-A4 order. If the case of the petitioner is that there is no material to prove that the way obstructed is a public way, it is for the petitioner to take advantage of the same at the time of trial. Petition is dismissed. 29th November, 2010 (M.Sasidharan Nambiar, Judge) tkv