IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 CRL.MC.NO. 4096 OF 2010() ---------------------------------------- CC.120/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI .................... PETITIONER(S): 1ST ACCUSED ---------------------------------------------- HASSAN, S/O.PAREETHU RAWTHAR, AGED 51 YEARS, RESIDING AT KUMBAMKALLIL VEEDU, VELLAYAMKUDI KARA, KATTAPPANA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): COMPLAINANT & DEFACTO COMPLAINANT ---------------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, IDUKKI POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NAZEEMA, W/O.BASHEER, PARAYIL VEEDU, GANDHINAGAR COLONY, CHERUTHONIKARA, IDUKKI VILLAGE IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4096 of 2010 ==================================== Dated this the 25th day of January, 2011 O R D E R Petitioner is first accused in C.C. No.120 of 2009 of the court of learned judicial First Class Magistrate, Idukki for offences punishable under Sections 500, 501, 502(ii) (2) and 120B read with Section 34 of the Indian Penal Code. Case was registered on a complaint preferred by respondent No.2 as Crl. M.P. No.308 of 2007 and forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure (for short, “the Code”). Respondent No.1 registered the case as Crime No.156 of 2007 of Idukki police station. He submitted final report deleting accused Nos.2 and 3 in Annexure-2, complaint and arraying petitioner and three others as accused. It is contended in this petition that allegations made against petitioner are false and that at any rate no offence as alleged is made out against the petitioner. It is requested that proceedings against petitioner may be quashed. I have heard learned counsel for petitioner and the learned Public Prosecutor. It is submitted by the learned Public Prosecutor and in fairness conceded by the learned counsel for petitioner also that CRL.M.C. No.4096 of 2010 -: 2 :- examination of witnesses has already commenced. There is no reason to interfere in the matter under Sec.482 of the Code at this Stage. 2. Learned counsel requested permission to withdraw the case without prejudice to the right of petitioner to take appropriate defence in the trial court at the appropriate stage. Having heard learned counsel for petitioner and the learned Public Prosecutor I am inclined to grant permission. Resultantly, this Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence in the trial court at the appropriate stage. THOMAS P. JOSEPH, JUDGE. vsv