IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Crl.MC.No. 440 of 2011() ------------------------ CP.110/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... (CRIME NO.492/2005 OF IRINJALAKUDA POLICE STATION) .... PETITIONER(S): ACCUSED NO.8: ------------------------------------------------- BENNY, AGED 49 YEARS, S/O.RAPHEL, CHANALINMEL HOUSE, TUMBOOR, KOTTANELLOOR VILLAGE. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): VICTIM AND STATE OF KERALA: --------------------------------------------------------------------------- 1. SEBASTIAN, AGED 50 YEARS, S/O.JOHN, MANGALAM HOUSE, THAZHEKKAD VILLAGE, MUKUNDAPURAM TALUK, KALLETTUMKARA P.O., PIN-680 683. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.C.D.DILEEP R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.440 of 2011 -------------------------------------- Dated this the 11th day of February, 2011. ORDER Petitioner is accused No.8 in Crime No.492 of 2005 of Irinjalakkuda Police Station now pending in the court of learned Judicial First Class Magistrate, Irinjalakkuda in C.P.No.110 of 2008 for offences punishable under Sections 364A and 120B read with Section 34 of the Indian Penal Code. It is alleged that petitioner and others forcibly took respondent No.1 to an unknown place, he was detained in a building and a ransom of `.30,000/- was demanded for his release. It is contended in this petition that some of the accused who faced trial are acquitted by learned Additional Sessions Judge, (Fast Track Court-I), Thrissur by Annexure-A5, judgment and that in the meantime petitioner and respondent No.1 have settled the matter. Prayer in this petition is to quash proceedings against petitioner. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. When the matter came up for hearing learned counsel has sought permission to withdraw this petition without prejudice to the right of petitioner to take up appropriate defence in the trial court . Having regard to the request made I am inclined to grant it. Crl.MC No.440/2011 2 Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioner taking up appropriate defence in the trial court. THOMAS P.JOSEPH, Judge. cks