IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 4326 of 2008(M) ------------------------- .................... PETITIONER: ------------ 1. P.K.MADHAVAN,RESIDING AT PATTATHARA HOUSE, KIZHAKKENCHERY POST, ALATHUR TALUK PALAKKAD. 2. A.GIRI, RESIDING AT PULINELLI HOUSE KANNANOOR POST, KUZHALMANNAM, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: ------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.4326 of 2008 ---------------------------------------- Dated this the 19th day of February 2008 J U D G M E N T This petition is filed under Article 226 of the Constitution. After discussions at the Bar, it was seen that the crucial grievance of the petitioner is about the order passed under Section 446 Cr.P.C by the learned Judicial First Class Magistrate Court-I, Palakkad in M.C.No.96/04. That is an order against which the appeal is provided under Section 449 Cr.P.C. The learned counsel for the petitioner then raised a grievance that an application for copy of the order in M.C.No.96/04 has not been received. 2. Report of the learned Magistrate was called for. The report of the learned Magistrate shows that as against the first petitioner, P.K.Madhavan (CP-2), a case was filed as M.C.No.97/04 (M.C.79/04?). That proceedings has been closed on 30/1/2008. M.C.No.96/04 against the second petitioner herein has been disposed of by order dated 20/12/2004. A copy application has been filed and copy has been furnished to the said petitioner's counsel on 08/02/2008. It is for the petitioners W.P.C.No.4326/08 2 now to seek appropriate relief under Section 454 Cr.P.C. No further directions appear to be necessary in this writ petition now. 3. This writ petition is accordingly dismissed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.4326/08 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007