IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Crl.MC.No. 1678 of 2008() -------------------------------------- CC.NO. 91/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S)/1ST ACCUSED ------------------------------------------ V.V.KHALID HAJI, S/O. KUNJAHAMMED, RESIDING AT VELLANAVALAPPIL HOUSE, THRIKKULAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S)/STATE ------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM (CRIME NO, 113 OF 2003 OF MALA POLICE STATION) BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1678/2008 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE COMPLAINT & FIRST INFORMATION REPORT IN CRIME NO.397/2002 OF MALA POLICE STATION. ANNEX II COPY OF THE COMPLAINT FILED BY CWI K.M.A RAHIM ON 17/3/2003 ANNEX III COPY OF THE CHARGE SHEET RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1678 of 2008 - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the first accused in C.C. No. 91 of 2005 on the file of the Judicial First Class Magistrate, Chalakkudy for offences punishable under Sections 120B, 406, 409, 468, 471, 477(A) and 420 r/w Section 34 IPC. The learned counsel for the petitioner seeks permission to withdraw the case to file an application for discharge. If such an application is filed before the trial court within one month from today, the learned Magistrate shall pass a reasoned order. 3. The learned counsel for the petitioner states that the personal appearance of the petitioner may not be insisted upon before the trial court. If the petitioner files an application under Section 205 Cr.P.C before the trial court, the learned Magistrate shall consider the same on merit. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv