IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 Crl.MC.No. 1342 of 2008() ------------------------- CRIME NO. 274/02 OF VAIKOM POLICE STATION AGAINST THE ORDER DATED 25/03/2008 IN CMP 1857/2008 IN CC.277/2004 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER: ACCUSED NO.2 ------------------------ RAJALAKSHMI, J.J.APARTMENTS, COCHIN CORPORATION, 42/211, KALOOR, ERNAKULAM. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE ------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.274 OF 2002 OF VAIKOM POLICE STATION). BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1342 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of September, 2008 O R D E R The learned counsel for the petitioner submits that this petition has now become infructuous as the witness in question, PW23, has already been further examined before the court below during an interregnum period during which there was no order of stay. The learned counsel, in these circumstances, submits that this Crl.M.C. may now be closed leaving open the option of the petitioner to apply before the learned Magistrate to re-call the said witness for further cross examination. Request accepted. 2. This Crl.M.C. is in these circumstances dismissed. (R. BASANT) Judge tm