IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 Crl.MC.No. 3025 of 2007() ------------------------- AGAINST THE ORDER IN CMP NO.5347/2006 IN ST NO.2826/2005 OF JUDICIAL FIRST CLASS MAGISTRATE V, KOZHIKODE. PETITIONER: ACCUSED ------------------- DR.R.K.JAITHUNISSA, W/O RAFI AHAMMAD, 'GUNSHAL', JAYANTHI ROAD, NALLALAM AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. K.P.SUDHA, W/O PRASANNAN, KAKKACHIPARAMBIL, SIVADAS NIVAS, CHERUVANNOOR, KOLATHARA, KOZHIKODE. 2. JOSHY, S/O BALAN, H.NO.19/1328, ELAMBILASSERI PARAMBA, CHALAPPURAM, KOZHIKODE. 3. SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE. 4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADV. SRI.SUNNY MATHEW FOR R1 BY PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU FOR R3 & R4 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.3025 of 2007 -------------------------------------- Dated this the 18th day of September, 2008. ORDER Heard counsel on both sides. 2. Learned counsel for the petitioner submits that in the facts and circumstances of the case the petitioner may be permitted to withdraw this petition without affecting her right to file appropriate application before the appropriate Criminal Court for simultaneous trial and disposal of C.C.No.31 of 2008 pending in the court of learned Chief Judicial Magistrate, Kozhikode and S.T.No.2826 of 2005 pending in the court of learned Judicial First Class Magistrate-V, Kozhikode. Permission is granted and the petition is dismissed as withdrawn. Crl.M.P.No.5545 of 2007 and Crl.M.P.No.4671 of 2008 shall stand dismissed. THOMAS P.JOSEPH, JUDGE. cks