IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 12TH MARCH 2007 / 21ST PHALGUNA 1928 Crl.MC.No. 446 of 2007() ------------------------ CC.958/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER: ACCUSED: -------------------- K. MUHAMMEDALI NAHA, S/O.MUHAMMED NAHA, SAFFA, ANJAPURA P.O., PARAPPANANGADI. BY ADV. SRI.M.P.SREEKRISHNAN SRI.V.ARUN RESPONDENTS: DEFACT COMPLAINANT & STATE: ---------------------------------------- 1. ZEENATHALI BAPPU, 17TH WARD MEMBER, PARAPPANANGADI GRAMA PANACHAYATH, P.O.PARAPPANANGADI. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE S.I.OF POLICE, PARAPPANANGADI POLICE STATION.) BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.446 of 2007 ------------------------------------- Dated this the 12th day of March, 2007 ORDER This petition is to quash a final report submitted by the police on the basis of which cognizance has been taken and a case has been registered as C.C.No.958 of 2004. After discussions at the Bar, the learned counsel for the petitioner only prays that the petitioner may be permitted to withdraw this petition and plead discharge before the learned Magistrate under Section 239/240 Cr.P.C. The offences alleged against the petitioner include warrant offences, it is submitted at the Bar. 2. I am satisfied, in these circumstances, that the request of the petitioner can be accepted. 3. This Crl.M.C is, in these circumstances, dismissed, without prejudice to the rights of the petitioner to claim premature termination of proceedings before the learned Magistrate under Section 239/240 Cr.P.C. (R.BASANT, JUDGE) rtr/-