IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Con.Case(C).No. 494 of 2008(S) ------------------------------------ CRL. M.C. NO. 1067/2008 DATED 11.03.2008 .................... PETITIONER ---------------- T.P.NANDAKUMAR, AGED 42 YEARS, S/O.K.DAMODARAN NAIR, CHIEF EDITOR, CRIME FORT NIGHTLY, PUTHIYARA ROAD, KOZHIKODE. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: ------------- 1. SRI.C.MURALEEDHARAN, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM. 2. MS CELINE WILFRED SEBASTIAN, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, SPECIAL PUBLIC PROSECUTOR C.C.NO.193 OF 2006 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. BY DIRECTOR GENERAL OF PROSECUTION, SRI. P.G. THAMBI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== Cont. Case (C) No. 494 of 2008 ========================== Dated this the 29th day of May, 2008. JUDGMENT The petitioner would allege that the Chief Judicial Magistrate had passed orders in C.C. No. 193 of 2006 giving consent to the Special Public Prosecutor to withdraw from the prosecution in the above case in flagrant violation of the interim orders passed by this Court in Crl. M.C. No. 1067/2008 and that the Special Public Prosecutor in charge of the case has been playing hide and seek to enable the Chief Judicial Magistrate to pass orders giving consent to her to withdraw from the prosecution in the above case flouting the orders of this Court. In as much as the order of the Chief Judicial Magistrate according consent to the Special Public Prosecutor to withdraw the above case has already been set aside by this Court in Crl.R.P. No. 1048 of 2008 and this Court while disposing of Crl. M.C. No. 1067 of 2008 today, has made appropriate observations which are sufficient to allay the apprehensions of the petitioner, I do not think that this Contempt Case should be kept pending. Accordingly, all further proceedings in this case are dropped. V. RAMKUMAR, JUDGE. rv