IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 Crl.L.P..No. 717 of 2011() -------------------------- CC.816/2003 of J.M.F.C.-I,TIRUR .................... (S): PETITIONER/COMPLAINANT ------------------------------------------ JOHNSON, S/O. KRISHNAN, ARATHIL HOUSE, KUPPADI, SULTHAN BATHERY. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): ACCUSED/STATE ---------------------------- 1. AYYAPPAN, S/O. KUTTAYI, THANGALAMPURATH HOUSE, PURATHUR, MALAPPURAM, PIN-676102. 2. SAROJAN P.G., W/O. AYYAPPAN, S/O.KUTTAYI, THANGALAMPURATH HOUSE, PURATHUR, MALAPPURAM, PIN-676102. 3. SREENIVASAN, S/O.MADHAVAN, KUNNAKKAT HOUSE, TRIKANIYUR, MALAPPURAM, PIN-676 104. 4. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J ------------------------------- Crl.L.P.No.717 of 2011 ------------------------------------ Dated this the 18th day of August, 2011 ORDER The counsel for the petitioner submitted that he may permitted to withdraw the above leave petition, so as to work out his remedy as per the provisions of Cr.P.C, since according to the learned counsel, the appeal would lie to the lower appellate court. Recording the above submission, permission is granted and accordingly, this leave petition is dismissed with liberty to the petitioner to his work out remedy, in accordance with law. The registry is directed to return the certified copy of the impugned order to the counsel for the petitioner on proper acknowledgment. It goes without saying that, as the matter is pending before this court, the delay because of that reason shall not be a ground for refusal to entertain any proceedings before the court below, if the proceedings is otherwise in order. V.K.MOHANAN, JUDGE pm/