IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 CRL.MC.NO. 465 OF 2011() ------------------------------------- CC.728/2010 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... PETITIONER(S): ACCUSED ------------------------------------- RAVI P. NAIR, AMAR SREE, VENKULAM, EDAVA, THIRUVANANTHAPURAM. BY ADV. SRI.S.S.RAJESH SMT.LIJI KUTTAPPAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. P. CHANDRASEKHARAN, S/O.K.V. PURUSHOTHAMAN NAIR, AAMBADY, KURAKKANNI, VARKALA, THIRUVANANTHAPURAM. 2. STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -31. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.465 of 2011 ==================================== Dated this the 14th day of February, 2011 O R D E R Petitioner is accused in Crime No.388 of 2008 of Varkala police station and C.C. No.728 of 2010 of the court of learned Judicial First Class Magistrate-I, Varkala for offence punishable under Section 420 of the Indian Penal Code (as the learned counsel tells me). Petitioner is the Principal of a Government Higher Secondary School at Edava and according to the first respondent himself and others were induced to join a money chain scheme and were induced to deposit various amounts on the promise of giving profit and return of money but they were deceived. This petition is to quash proceeding against petitioner on the ground that no offence is made out. Learned counsel after arguing the matter for some time sought permission to withdraw this petition without prejudice to the right of petitioner to take appropriate defence in the trial court. 2. I have heard the learned Public Prosecutor also. Having regard to the circumstances stated I am inclined to allow the request made by petitioner. CRL.M.C. No.465 of 2011 -: 2 :- Resultantly, this Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence in the trial court. THOMAS P. JOSEPH, JUDGE. vsv