IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2741 of 2008() ------------------------- AGAINST THE ORDER DATED 05/06/2008 IN CRMP 821/2008 IN Crl.A.NO.288/2008 OF ADDL. DISTRICT & SESSIONS COURT, VADAKARA. .................... PETITIONERS: ------------ 1. SHAREEF, AGED 27, S/O.UMMER, VAYANADAN HOUSE, AYANIKKAL AMSOM DESOM, PAYYOLI VILLAGE, KOZHIKODE. 2. SHAMSEER, AGED 29, S/O. IBRAHIM, KUTTIYIL HOUSE, KOYILANDI VALAPPIL, NEAR RAHMANPALLY, VATAKARA. BY ADV. SRI.K.I.SAGEER IBRAHYIM RESPONDENT/RESPONDENT IN THE C.M.P: ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI AMJAD ALI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2741 of 2008 ------------------------------------- Dated this the 22nd day of July, 2008 ORDER Heard. The grievance of the petitioner is that Annexure-A3 order was passed against the petitioner merely because of his inability to produce Annexure-A2 receipts before the Sessions Court though the conditions have been complied with and payment made before that. 2. I am satisfied that Annexure-A3 order can now be set aside and the learned Sessions Judge can be directed to consider the matter afresh. 3. This Crl.M.C is accordingly allowed. Annexure-A3 order - ie. the order dated 05.06.08 in Crl.M.P.No.821 of 2008 in Crl.M.P.No.288 of 2008 is set aside. The learned Sessions Judge shall dispose of the said petition afresh now in the light of Annexure-A2 receipts, the original of which can now be produced before the learned Sessions Judge. (R.BASANT, JUDGE) rtr/- 2