IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 OP(Crl.).No. 2251 of 2011(Q) -------------------------- CRIME NO. 152/2011 OF KOIPURAM POLICE STATION, PATHANAMTHITTA ................... PETITIONER : -------------------- CYRIL JOSEPH MATHEW, S/O.SAVIOUR MATHEW, VATHALLOOR VEEDU, KOTHATHOOR P.O., AYROOR, PATHANAPURAM, KOLLAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SAVIOUR MATHEW BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA - 686 945. 3. SMT.BIBY BONEFES, D/O.BONEFES, KANDACHAMKULAM VEEDU, KUNNUMBHAGAM, MANNARAKAYAM P.O., PONKUNNAM, KOTTAYAM DISTRICT - 686 506. R1 & R2 BY PUBLIC PROSECUTOR SRI. B. VINOD THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP(Crl.).No. 2251 of 2011(Q) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE POWER OF ATTORNEY DATED 23.06.2011 EXECUTED BY THE PETITIONER IN FAVOUR OF SAVIOUR MATHEW. EXT.P2 : COPY OF THE C.M.P NO. 1178/2011 FILED BY THE 3RD RESPONDENT DATED 26.3.2011 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. EXT.P3 : COPY OF THE FIR IN CRIME NO. 152/2011 OF KOIPURAM POLICE STATION. EXT.P4 : COPY OF THE EMPLOYMENT OFFER VIDE NO. N 398 - 6.2011 DATED 1.6.2011 ISSUED BY THE DUBAI HEALTH AUTHORITY TO THE PETITONER. EXT.P5 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 27.6.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(Crl.)No.2251 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is implicated in Crime No.152/11 registered by Koipuram Police Station for the offence punishable under Section 498A of Indian Penal Code. The primary prayer in this Original Petition is to issue an order directing the second respondent to issue police clearance certificate to the petitioner enabling the petitioner to join as staff nurse in the service of the Dubai Health Authority as per Ext.P4. 3. Learned Public Prosecutor, on instruction, submits that the petitioner is not an accused in the alleged crime. Police has filed a report before the concerned Magistrate to delete the name of the petitioner from the Crime. In that view of the matter, this matter has become infructuous. This Original Petition (Crl.) is accordingly dismissed as infructuous. B.P.RAY, JUDGE jes