IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 Crl.MC.No. 5089 of 2010() ---------------------------------------- (CRIME NO.512/2009 OF POTHANIKKAD POLICE STATION, KOTHAMANGALAM) ........ PETITIONER(S): ACCUSED: ------------------------------------------ 1. JOSE, AGED 61 YEARS, S/O. THOMAS, KOOTTAPPILLIL HOUSE, KOZHIPPILLY BHAGAM, PIDAVUR KARA, VARAPPETTY VILLAGE, KOTHAMANGALAM. 2. JIJO JOSE, AGED 22 YEARS, S/O. JOSE, KOOTTAPPILLY VEEDU, KOZHIPPILLY BHAGAM, PIDAVUR KARA, VARAPPETTY VILLAGE, KOTHAMANGALAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT/STATE: ------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.512/2009 OF POTHANIKKAD POLICE STATION, KOTHAMANGALAM). 2. REJI SCARIA, S/O. SCARIA, AGED 31 YEARS, KOTHAMATTATHIL VEEDU, KOZHIPPILLY BHAGOM, PIDAVUR KARA, PARAPPETTY VILLAGE, KOTHAMANGALAM-686 691. R1 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 5089 of 2010 ==================================== Dated this the 12th day of January, 2011 O R D E R This petition is to quash the proceedings in Crime No.512 of 2009 of the Pothanikkad Police Station. Though various contentions are urged in this petition when the matter was taken up for hearing learned counsel sought permission to withdraw the petition without prejudice to the right of petitioner to plead for discharge in abscentia (appearing through counsel). Having regard to the facts and circumstances of the case I am inclined to allow the request. Resultantly, Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioner to plead discharge in abscentia (appearing through counsel). THOMAS P. JOSEPH, JUDGE. vsv