IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.MC.No. 1115 of 2011() ------------------------------- SC.181/2010 of PRL. ADDL. SESSIONS COURT, THRISSUR .................... PETITIONER(S): ACCUSED ------------------------------ 1. RAHUL, AGED 24 YEARS, S/O. RAMACHANDRAN, LAVANYAM HOUSE, MUHAMMED RAOD, PALLIKKARA, NEELESHWARAM, KASARAGOD DISTRICT. 2. ALI AFSAL, AGED 24 YEARS, S/O. KUNJUMUHAMMED, AREEKKAL VEEDU, KUTTOOR DESOM, KOLAPURAM.P.O., MALAPPURAM. 3. SHIBIN ASHOK, AGED 24 YEARS, S/O. ASOKAN, PARAMBATH HOUSE, VALLIKKUNNU DESOM, MALAPPURAM. 4. SANJU MOHAN, AGED 23 YEARS, S/O. MOHANAN, M.S.NIVAS,MARUTHU KAVALA, PERUMBAVUR. 5. ARUN, AGED 22 YEARS, S/O. RADHAKRISHNAN, THRUPTHI, SAKTHI NAGAR, KALLIKKODE, PALAKKAD. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, (CRIME NO.412/2009 OF THE VIYYUR POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1115 of 2011 --------------------------------------- Dated this 05th day of April, 2011 ORDER Petitioners are accused in S.C.No.181 of 2010 of Court of learned Principal Additional Sessions Judge, Thrissur. They faced trial for offences punishable under Secs.143, 147, 148, 452, 332, 326 and 308 r/w Sec.149 of the Indian Penal Code. Annexure-A1 is the final report submitted by the police. Grievance of petitioners is that though the State Government by Annexure-A2, order granted permission to the learned Public Prosecutor to withdraw from the prosecution with leave of the Court, learned Sessions Judge is proceeding with trial of the case. Learned counsel submits that learned Sessions Judge has issued notice to the de facto complainant to appear in Court on 17.06.2010. I have heard learned Public Prosecutor also. 2. I have gone through Annexure-A2, order dated 13.12.2010 to the Additional Chief Secretary to the District Collector, Thrissur where it is stated that Government has no objection to withdraw, with the leave of the Court in S.C.No.181 of 2010 of Principal Additional Sessions Court, Thrissur (Crime No.412 of 2009 of Viyyur Police Station) under Sec.321 of the Crl.M.C.No.1115 of 2011 -: 2 :- Code of Criminal Procedure (for short, "the Code”)). If the Government has issued such an order it is for the learned Public Prosecutor to move appropriate application before the learned Sessions Judge and if any such application is preferred learned Sessions Judge has to dispose of the same as provided under law before proceeding with trial of the case. Resultantly this criminal miscellaneous case is disposed of directing the learned Sessions Judge to dispose of the application (if any) preferred by the learned Public Prosecutor under Sec.321 of the Code as provided under law before proceeding with the trial of the case. (THOMAS P JOSEPH, JUDGE) Sbna/-