IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 CRL.MC.NO. 4884 OF 2010() ---------------------------------------- CC.34/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... PETITIONER(S): ACCUSED ------------------------------------- SHIHAB, S/O.KUNJUMON, PARACKAL HOUSE, MANNAKUDI BHAGAM, ANACHAL, KUNJITHANNY VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA,ERNAKULAM 2. SUB INSEPCTOR OF POLICE, VELLATHOOVAL POLICE STATION, IDUKKI DT. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 4884 of 2010 ==================================== Dated this the 25th day of January, 2011 O R D E R This petition is filed by the accused in C.C.No.34 of 2008 of the court of learned Judicial First Class Magistrate, Adimaly arising from the final report in Crime No.218 of 2002 of Vellathooval police station for offences punishable under Section 323 and 324 of the Indian Penal Code. Case is that on 20.10.2002 petitioner voluntarily caused hurt to the de facto complainant with hand and spade. Though various contentions regarding tenability of the report and offences attributed to the petitioner are taken in the petition, learned counsel for petitioner after arguing the matter for some time sought permission to withdraw the petition without prejudice to the right of petitioner to take appropriate defence in the trial court at the appropriate stage. 2. Having heard learned counsel for petitioner and the learned Public Prosecutor I am inclined to grant permission. Resultantly, this Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence in the trial court at appropriate stage. THOMAS P. JOSEPH, JUDGE. vsv