IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 2004 of 2005() ------------------------- CP.73/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... PETITIONER(S): --------------- MUHAMMED ALI, PADUVIL HOUSE, NARIYANKODU, POTTASSERY, PALAKKAD DISTRICT. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. T.K.ATHIKKA, D/O.MOITHEEN, POTTASSERY P.O., NARIYANKODU, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/04/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- Crl.M.C.No.2004 of 2005 ----------------------------------------- Dated this the 8th day of April, 2010 ORDER It is submitted by Public Prosecutor that as per the instruction received, petitioner did not marry the second respondent as submitted by petitioner's counsel on last posting. During trial in S.C.875/2005 before the Assistant Sessions Court, Ottappalam, second respondent turned hostile while she was examined in court, on the understanding that petitioner would marry her and petitioner was acquitted. It is also submitted by Public Prosecutor that as per instruction, petitioner and second respondent are not living together. 2. In the light of the above submission, I am satisfied that the case has become infructuous and hence dismissed as infructuous. K.Hema, Judge cms