IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 Crl.MC.No. 1415 of 2007() ------------------------- CRA.457/2006 of SESSIONS COURT, ALAPPUZHA MC.41/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II(MOBILE),ALAPPUZHA .................... PETITIONER(S): APPELLANT IN CRA.457/2006 & COUNTER PETITIONER ------------------------------------------------------------- 1. JOSEPH, S/O.CHAKKU, PUTHUCHERRY VEEDU, MUKKANNUR PANCHAYATH, WARD NO.7, ALUVA TALUK. 2. M.T.PATHROSE, MENACHERRY VEEDU, MUKKANNUR PANCHAYATH, WARD NO.7, ALUVA TALUK. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING DISTRICT COLLECTOR, ALAPPUZHA. BY P.P.SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER LEARNED COUNSEL FOR PETITIONERS SUBMITS THAT PETITION HAS BECOME INFRUCTUOUS. HENCE, THIS PETITION IS DISMISSED. 12.3.2010 SD/-K.HEMA ,JUDGE /TRUE COPY/ P.S.TO JUDGE V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1415 of 2007 * * * * * * * * * * * * * * * * * * Dated, this the 28th day of June 2007 ORDER In this petition filed under Sec. 482 Cr.P.C. the petitioner who is the first accused in Crime No.81 of 2003 of Central Police Station, Ernakulam for offences punishable under Sections 406, 420 and 120 B read with Sec. 34 I.P.C. seeks to quash Annexure A5 private complaint filed by the 2nd respondent herein and Annexure A7 F.I.R. in the above case. 2. When this case came up for final l hearing today, the learned Public Prosecutor submitted that on 25-5-2003 a refer report has been filed before the Chief Judicial Magistrate, Ernakulam. If so, the petitioner cannot have any subsisting grievance or apprehension of cognizance by the Court of any offence against the petitioner or a consequential trial. Recording the submission made by the learned Public Prosecutor, this petition is closed. V. RAMKUMAR, (JUDGE) ani. V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1415 of 2007 * * * * * * * * * * * * * * * * * * Dated, this the 28th day of June 2007 ORDER