IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4448 of 2008() ------------------------- CC.43/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR CRIME NO.505/03 OF TIRUR POLICE STATION .................... PETITIONER(S): ACCUSED NO.3 --------------------------- ASHRAF, S/O.MOIDEEN BAVA, KUTTIYALIKALAVATH HOUSE, MANGALAM AMSOM, KUTTAYI, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICE, TIRUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4448 of 2008 ---------------------------------------- Dated this the 26th day of November 2008 O R D E R The petitioner is the third accused in a prosecution for offences punishable inter alia under Section 308 read with 149 I.P.C. The petitioner was not available before the court below and the case against him was split up and transferred to the list of long pending cases. Altogether there were 11 accused persons. The others were available before court. The case against all the others was withdrawn by the Prosecutor and accordingly all other accused were acquitted under Section 321 Cr.P.C. As the petitioner was not available, he was not granted the benefit of such request for withdrawal. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor accepts the said request and I am satisfied that this is an eminently fit case where powers under Section 482 Cr.P.C can safely be invoked to extend the benefit of withdrawal to the petitioner by quashing the proceedings against him. Crl.M.C.No.4448/08 2 3. In the result, a) This petition is allowed. b) C.C.No.43/2007 pending before the learned J.F.C.M, Thirur now pending as L.P.C.No.82/07 in crime No.505/03 of Tirur police station is hereby quashed. c) Needless to say, proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4448/08 3 Crl.M.C.No.4448/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008