IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 Crl.MC.No. 162 of 2011() ---------------------------------- CRIME NO.477/2000 OF THIRUVALLA POLICE STATION. ............. PETITIONER(S): ------------------------ SUBASH, S/O. PARAMESWARAN PILLAI, KEEZHAKKETHIL VEEDU VEEDU, VENPALAMURY, KUTTOOR VILLAGE, THIRUVALLA. BY ADV. SRI.SAJITH KUMAR V. RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY GOVT. PLEADER SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.162 of 2011 --------------------------------------- Dated this 19th day of January, 2011 ORDER Petitioner is accused No.3 in Crime No.477 of 2000 of the Thiruvalla Police Station for offence punishable under Secs.143, 147, 149, 451, 421, 379 and 153(A)(1)(b) of the Penal Code. Since petitioner was not available when the remaining accused were tried, case against petitioner was refiled as C.C.No.713 of 2009 of Judicial First Class Magistrate, Thiruvalla. This petition is to quash proceedings against petitioner on various grounds stated in the petition. After arguing the matter for some time, learned counsel for petitioner has sought permission to withdraw the petition without prejudice to the right of petitioner to take up appropriate defence including plea of discharge before the learned Magistrate. 2. Having heard learned counsel for petitioner and learned Public Prosecutor permission is granted to withdraw this petition. Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioner to take up appropriate defence at the appropriate stage including a claim for discharge if law provides for that. (THOMAS P JOSEPH, JUDGE) Sbna/-