IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Crl.MC.No. 4291 of 2010(D) -------------------------------------- [CC.NO.603/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PERUMBAVOOR, CRIME NO.330/2010 OF KURUPPAMPADY POLICE STATION] .................... PETITIONER/ACCUSED: ---------------------------------- SUDHEESH, S/O.LATE SETHU A.P., ANJILATTIL VEEDU, KOMBANAD VILLAGE, PERUMBAVOOR, ERNAKULAM. BY ADVS. SRI.B.MOHANLAL, SMT.P.S.PREETHA, SRI.SAIJU .S, SRI.C.SINOY. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KURUPPAMPADY POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4291 of 2010 --------------------------------------- Dated this 27th day of January, 2011 ORDER Petitioner is accused in Crime No.330 of 2010 of Kuruppampady Police Station and C.C.No.603 of 2010 of the court of learned Judicial First Class Magistrate, Perumbavoor for offence punishable under Sec.324 of the Penal Code. The prayer in this petition is to quash Annexures-1 to 4, reports submitted by the police before, in the course of and after investigation of the case. Contentions raised in this petition is that originally, only an offence under Sec.323 of the Penal Code was incorporated but later, offence under Sec.324 of the Penal Code was purposely incorporated to block petitioner getting a passport. Various other contentions are also raised in support of that plea in this petition. After arguing the matter for some time learned counsel for petitioner requested permission to withdraw the petition without prejudice to the right of petitioner to take up appropriate defence in the trial court. 2. Having regard to the circumstances stated permission is granted. Crl.M.C.No.4291 of 2010 -: 2 :- Resultantly this criminal miscellaneous case is dismissed as withdrawn without prejudice to the defences that petitioner may take up before the trial court at the appropriate stage. (THOMAS P JOSEPH, JUDGE) Sbna/-