IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 35091 of 2008(C) -------------------------- CC.108/2006 of C.J.M.,KOTTAYAM .................... PETITIONER(S): --------------- VINOD.K., AGED 33 YEARS, S/O.M.K.RAMACHANDRAN, 'HARIOM', KOTTOPADAM P.O., MANNARKAD VIA, PALAKKAD DISTRICT. BY ADVS. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): --------------- 1. ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR ADV. SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- W.P.(C).No. 35091 OF 2008 --------------------------------- Dated this the 6th day of January, 2009 JUDGMENT This writ petition is preferred with a prayer to direct the 1st respondent to finalise the proceedings pending in pursuance to Exts. P4 and P5 representation and for a direction to Chief Judicial Magistrate, Kottayam to keep the proceedings in C.C. 108/2006, in abeyance till the disposal of Exts. P4 and P5 representation by the 1st respondent. I am informed that the trial has started in the case and the prosecution evidence is almost over. It is at that time a move is made seeking the Government to withdraw the prosecution. The learned prosecutor on instructions submit that they have received those representations and it is forwarded to the Superintendent of Police, Kottayam for an enquiry before taking decision on Exts. P4 and P5 representations. It is for the Government to consider the question of withdrawal and further when such a withdrawal is made it is for the court before it is pending to consider it whether to permit or not. But now some proceedings are initiated and W.P.(C) No. 35091/2008 -2- they are pending before the appropriate authorities. Therefore I direct the 1st respondent to take a decision on Exts. P4 and P5 applications within a period of three weeks and direct the Chief Judicial Magistrate to keep in abeyance further proceedings in C.C. 108/06 for a period of one month from today. I make it clear that the question of withdrawal is a matter which has to be considered according to the judicial principles and decisions. The W.P.(C) is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm