IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Crl.MC.No. 4483 of 2005() -------------------------------------- (CRIME NO.360/09 OF CHATHANNOOR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- MOHANAN, AGED 46, S/O.CHELLAPPAN, CHARUVILA PUTHENVEEDU, NEAR GURU MANDIRAM, PANIYIL THAZHAM SOUTH CHERRY, CHIRAKKARA VILLAGE, KOLLAM. BY ADV. MR.V.VENUGOPALAN NAIR RESPONDENT(S):COMPLAINANT: -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, CHATHANOOR. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJATH ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss C.T.RAVIKUMAR, J. --------------------------- Crl.M.C.No.4483 of 2005 - A ---------------------------------- Dated this the 18th day of February, 2009 O R D E R The petitioner who is the first accused in crime No.360/2003 of Chathannur Police Station, approached this Court with the prayer to quash Annexure-I First Report therein. The said crime was pending as C.P.No.36/2005 before the Munsiff-Magistrate Court, Paravoor, Kollam. This matter remains not admitted for the last more than three years. Meanwhile, the case has been committed and it is submitted by the counsel for the petitioner that now it is pending before the Addl. District and Sessions Court (Ad-Hoc) I, Kollam as S.C.No.594/2007. When the matter was taken up for consideration today, counsel for the petitioner sought permission to withdraw the same with liberty to raise the plea of discharge at the appropriate stage before the court where it is now pending. Therefore, the Crl.M.C is allowed to be withdrawn without prejudice to the right of the petitioner to raise the plea of discharge at the appropriate stage in S.C.No.594/2007, if advised. C.T.RAVIKUMAR, JUDGE. bkn/-