IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.MC.No. 1526 of 2011 ---------------------------------- [CRIME NO.5/2008 OF KALADY POLICE STATION] .......... PETITIONER: ------------------- JOSEPH CHUMMAR, S/O.CHUMMAR, AGED 34 YEARS, RESIDING AT OORIL HOUSE, CHOWARA P.O., CHOWARA VILLAGE. BY ADVS. SRI.SAJEEVAN KURUKKUTTIYULLATHIL, SRI.ALEX.M.SCARIA. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KALADY POLICE STATION, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. MANU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1526 of 2011 ==================================== Dated this the 27th day of May, 2011 O R D E R Accused in Crime No.5 of 2008 of Kalady police station for offences punishable under Sections 17(4) and 23 read with Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 is the petitioner before me. The request is to issue a direction to stop further proceeding for the reason that though offence was allegedly detected on 01.01.2008, no final report has so far been filed. When the matter came up for hearing learned counsel sought permission to withdraw this case without prejudice to the right of petitioner to raise appropriate contentions before the learned Magistrate in case any report of investigation is submitted. I have heard the learned Public Prosecutor also. Having regard to the circumstances stated I am inclined to allow the request. Resultantly, Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioner to raise appropriate contentions before the learned Magistrate at the appropriate stage. THOMAS P. JOSEPH, JUDGE. vsv