IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 18109 of 2010(Q) -------------------------- PETITIONER(S): --------------- K.LALJY, CIRCLE INSPECTOR OF POLICE, MATTANCHERRY. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH SRI.T.R.SADEESAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ADDL. CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, TRIVANDRUM. 3. SHRI.K.T.JOSEPH, S/O.THOMAS, KUZHIKKATT HOUSE, 50/1772, YUVAJANA SAMAJAM ROAD, KADAVANTHRA, KOCHI - 682 010. R1 & R2 BY GOVERNMENT PLEADER SRI.SABU SREEDHARAN ADV. SRI.M.AJAY FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Petitioner's Exhibits: Ext.P1: copy of private complaint filed by K.P.Jyothish before the Hon'ble Judicial First Class Magistrate, Kochi dt.12.6.07 Ext.P2: Copy of FIR 306/07 dt.14.6.07 registered by Thoppumpady Police against the 3rd respondent. Ext.P3: Copy of visit report submitted by the petitioner on 31/7/07 Ext.P4: Copy of order dt.18.8.07 in Crl.M.P.5551/07 in Crime No.306/07 of Judicial First Class Magistrate II, Kochi Ext.P5: Copy of order dt.31.7.08 in Crl.R.P.1858/08 of this Court. Ext.P6: Copy of judgment dt.8.5.09 in Crl.A.984/09 of Hon'ble Supreme Court of India Ext.P7: Copy of application submitted by the 3rd respondent before first respondent Ext.P8: Copy of G.O.(Rt) 2160/09/Home dt.22.7.09 issued by first respondent Ext.P9: Copy of G.O.(Rt) 2362/01/Home dt.137.01 issued by first respondent Ext.P10: Copy of application submitted by petitioner and ors, before second respondent. Ext.P11: Copy of communication No.67516/A2/2009/Home dt.4.11.2009 issued by the first respondent. //True copy// PA to Judge. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.18109 OF 2010 --------------------------------------------- Dated 23rd December, 2010 JUDGMENT Learned counsel appearing for the petitioner submitted that as seen from Ext.P12 order in C.C.211/2009, which was originally pending before Additional Chief Judicial Magistrate as C.C.1288/2008, was compounded and the accused were discharged under Section 245(2) of Code of Criminal Procedure and in such circumstances, petition may be closed as the impugned sanction is to prosecute the said case. Recording the submission, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.