IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.THANKAPPAN THURSDAY, THE 13TH SEPTEMBER 2007 / 22ND BHADRA 1929 Crl.L.P..No. 654 of 2007() -------------------------- CC.314/2001 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR PETITIONER/COMPLAINANT SUMANGALA, AGED 34 YEARS, D/O.LATE KRISHNA PODUVAL, "KRISHNA VIHAR", KALLIDIL, ANNOOR, PAYYANNUR, KANNUR. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: ACCUSED 2 TO 6 1. T.C.C.KRISHNA VARMA RAJA, AGED 66 YEARS, S/O.VISHNU BHATTAN, VADAKKE MADAM, NEAR NEELESWARAM THALIYIL TEMPLE, NEELESWARAM. 2. K.E.RADHA, AGED 61 YEARS, W/O.T.C.C.KRISHNA VARMA RAJA, VADAKKE MADAM, NEAR NEELESWARAM THALIYIL TEMPLE, NEELESWARAM. 3. RADHAKRISHNAN, AGED 51 YEARS, S/O.T.C.C. KRISHNA VARMA RAJA, VADAKKE MADAM, NEAR NEELESWARAM THALIYIL TEMPLE, NEELESWARAM. 4. P.JAYA SREE, AGED 42 YEARS, W/O.RADHAKRISHNAN, VADAKKE MADAM, NEAR NEELESWARAM THALIYIL TEMPLE, NEELESWARAM. 5. K.E.UMA, AGED 38 YEARS, D/O.T.C.C.KRISHNA VARMA RAJA, VADAKKE MADAM, NEAR NEELESWARAM THALIYIL TEMPLE, NEELESWARAM. 6. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. THOMAS JOHN AMBOOKKAN - R6 THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON 13/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.THANKAPPAN, J. ---------------------------------------------- CRL. L.P. NO. 654 OF 2007 ---------------------------------------------- Dated this the 13th day of September, 2007 O R D E R This petition for special leave to appeal is filed by the defacto complainant in a criminal case. Hence, an appeal will not lie against the judgment of the trial court. The petitioner is, therefore, permitted to withdraw the petition. The Crl. Leave Petition is accordingly dismissed as withdrawn without prejudice to the right of the petitioner to seek appropriate remedy. The certified copy of the judgment shall be returned to the learned counsel appearing for the petitioner. (K.THANKAPPAN, JUDGE) sp/ THANKAPPAN, J. CRL.L.P.. NO.654/2007 O R D E R 13TH SEPTEMBER, 2007