IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Crl.MC.No. 2164 of 2011() ------------------------- CC.1246/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG CRIME NO. 149/2008 of VELLARIKUNDU POLICE STATION .................... PETITIONER/ ACCUSED:- --------------------------- K.P. MOIDEENKUNHI, AGED 65 YEARS, S/O. KADEESUMMA, NOW RESIDING AT THAQWA NAGAR, KAITHAKKAD, CHERUVATHUR VILLAGE, HOSDURG TALUK. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT/ COMPLAINANT: --------------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY THE S.H.O., VELLARIKUNDU. ADV. SRI. I.V. PRAMOD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No. 2164/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 : TRUE COPY OF THE PRIVATE COMPLAINT. ANNEXURE A2 : TRUE COPY OF THE F.I.R IN CRIME NO. 149/2008 OF VELLARIKUNDU POLICE STATION. ANNEXURE A3 : TRUE COPY OF THE FINAL REPORT DATED 31.10.2008. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.2164 of 2011 - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner, who is the accused in Crime No. 149 of 2008 of Vellarikundu Police Station for an offence punishable under Section 420 IPC and now pending before the Judicial First Class Magistrate-II, Hosdurg as C.C. No. 1246 of 2008, has filed this application to quash the charge. The learned counsel for the petitioner seeks permission to withdraw the application to file an application for discharge on the ground stated in the application. He is permitted to do so. If such an application is filed within one month from today, the learned Magistrate shall consider the same in its proper perspective and pass appropriate orders within two weeks thereafter. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv