IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3739 of 2008() ------------------------- CMP.1349/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER(S): RESPONDENTS 1 AND 2 ---------------------------------- 1. BASHEER.K., KOODATHAI HOUSE, PADANILAM P.O., KOZHIKODE DISTRICT. 2. SHAREENA BASHEER, KOODATHAI HOUSE, PADANILAM P.O., KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): PETITIONER AND STATE ----------------------------------- 1. STATE BANK OF TRAVANCORE, MEENCHANDA BRANCH, REPRESENTED BY SMT.SREEKALA G.R., CHIEF MANAGER/AUTHORIZED OFFICER, REGION II, ZONAL OFFICE AT KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3739 of 2008 ------------------------------------------------- Dated this the 14th day of October, 2008 ORDER After discussions at the Bar, the learned counsel for the petitioners accepts that the question of law raised is covered by the decision in Muhammed Ashraf v. Union of India (2008 (4) KLT 1) and, in these circumstances, the petitioners may be permitted to withdraw this petition without prejudice to their rights to raise all appropriate contentions before the learned Magistrate. Request accepted. This Crl.M.C. is dismissed as withdrawn. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge