IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Crl.MC.No. 4459 of 2010() ----------------------------------- SC.184/2007 of ASSISTANT SESSIONS COURT, VADAKARA .................... PETITIONER(S): --------------------- V.C.RAJAN, AGED 48 YEARS, S/O.KUTTUY V.C, VENDANKOTTUCHALIL HOUSE NEDUMANNUR PO, KAKKATTIL VIA, KOZHIKODE BY ADV. SRI.M.VIJAYAKUMAR RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4459 OF 2010 --------------------------------------------------------- Dated this the 9th day of November, 2010. O R D E R Petitioner, the first accused in S.C.No 184 of 2007 of Assistant Sessions Court, Vatakara filed this petition under Section 482 of Code of Criminal Procedure to quash the cognizance taken on Annexure-A1 final report contending that Government has decided to withdraw the case by Annexure-A2 communication addressed to the District Collector. The cognizance taken is sought to be quashed based only on the decision of the Government to withdraw the case. Based on the decision of the Government, the case cannot be quashed. 2. Learned counsel then submitted that a direction be issued to the learned Assistant Sessions Judge to dispose of Annexure A3 petition filed by the prosecutor under Section 321 of Code of Criminal Procedure, as it is pending from 2009 onwards. Petition is disposed directing Assistant Sessions Judge, Vatakara to dispose C.M.P.No.515 of 2009 filed by the Public Prosecutor under Section 321 of Code of Criminal Procedure expeditiously, if not so far disposed. M.SASIDHARAN NAMBIAR, JUDGE mns