IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4078 of 2008() ------------------------- CRMP.3035/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): RESPONDENT ------------------------- ARUN P @ ARUN PARYADITH S/O.P.SIDHAKARAN, 'DEVI' 29/117, JANATHA ROAD VYTTILA,KOCHI. BY ADV. SRI.K.I.ABDUL RASHEED RESPONDENT(S): PETITIONER & STATE --------------- 1. VIDYA UNNIKUTTAN D/O. KARAT UNNIKUTTAN,NANGIARATH HOUSE NETOOR P.O.,ERNAKULAM, KOCHI 682 304. 2. THE STATE OF KERALA,REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4078 of 2008 ------------------------------------- Dated this the 25th day of November, 2008 ORDER The grievance of the petitioner raised in this Crl.M.C is that Crl.M.P.No.3035 of 2008 filed by him before the learned Additional Chief Judicial Magistrate, Ernakulam is not disposed of by the learned Magistrate. Report of the learned Magistrate was called for. The learned Magistrate, in his report, reports and the learned counsel for the petitioner accepts that Crl.M.P.No.3035 of 2008 has already been disposed of on 21.11.08. So the grievance raised by the petitioner in this Crl.M.C is redressed. This petition can now be dismissed. 2. The learned counsel for the petitioner submits that it may be made clear that the dismissal is without prejudice to the rights of the petitioner to challenge the said order dated 21.11.08. No clarification is necessary. The right of the petitioner to challenge the said order shall remain unfettered by the dismissal of this Crl.M.C. 3. With the above observations, this Crl.M.C is dismissed. (R.BASANT, JUDGE) rtr/-