IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Crl.MC.No. 3551 of 2008(B) ------------------------- PETITIONERS: ACCUSED NOS.1, 3 & 11 --------------------------------------------- 1. B.T.HAJIRA, AGED 65 YEARS, D/O.(LATE) ABDURAHIMAN, RESIDING AT HAJARAS, NEERCHAL, KANNUR CITY, KANNUR. 2. B.T.KHAYARUNNISA, AGED 56 YEARS, D/O.ABDURAHIMAN, RESIDING AT NEERCHAL, KANNUR CITY, KANNUR. 3. B.T.ABDUL SATHAR, AGED 56 YEARS, ADVOCATE, S/O.HUSAIN KUNHI, 'SOODA'S', PANANKAVU, CHIRAKKAL, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS: COMPLAINANTS ------------------------------------ 1. STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PILAKKEEL PALLIKKANDI RASIYA, W/O.ABDUL SATHAR, PILAKKEEL PALLIKKANDI HOUSE, KANNUR AMSOM, THAYATHERU DESOM, KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR, SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2008, HE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3551 OF 2008 ----------------------------------------------- Dated this the 6th day of October, 2008 O R D E R Learned counsel for the petitioners submits that subsequent to the filing of this Crl.M.C, it has been revealed to him that the investigation is complete and final report has already been filed. The matter is now pending as CC No.338/08 before the Magistrate having jurisdiction. In these circumstances the learned counsel for the petitioners prays and I am satisfied that this Crl.M.C can now be dismissed without any fetter on the right of the petitioners to take appropriate steps to challenge/disprove the said final report and the consequent action taken by the learned Magistrate. This petition is accordingly dismissed with the above observation. R. BASANT, JUDGE ttb Crl.M.C. No. 2114 OF 2008 2 Crl.M.C. No. 2114 OF 2008 3