IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Crl.MC.No. 1787 of 2005() ------------------------- CC.377/2002 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER: COMPLAINANT ----------------------- SHIFA HIRE PURCHASE LTD., MAVELIKKARA, REP. BY ITS RECOVERY OFFICER, B.SURESH. BY ADV. SRI.P.P.JACOB RESPONDENTS: ------------- 1. SAM VARGHESE, MADAVALLIL HOUSE, PUNUMMODU, MAVELIKKARA. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.M.C.NO. 1787 of 2005 ======================== Dated this the 8th August 2008 ORDER This petition is filed under Section 482 of the Code of Criminal Procedure to quash the impugned order dated 16-3- 2005 as evidenced in Annexure-A4 which is the certified copy of the order sheet in C.C.No.377/20052 on the file of the Court of Judicial First Class Magistrate, Mvelikkara. 2. On a perusal of Annexure-A4, it is revealed that as per the impugned order dated 16-3-2005, the following order was passed: “Complainant present. Accused present. Petition allowed with direction to the complainant to produce the documents wanted by the complainant, to 19-3-2005.” CRMC 1787/2005 -2- 3. On a verification by the Registry of this Court, it is reported that C.C.No.377/2002 on the file of of the Judicial First Class Magistrate Court-I, Mavelikkara is already disposed of on 11-7-2005 and the accused was acquitted under Section 255(1) Cr.P.C. 4. The learned counsel appearing for the petitioner submitted that an appeal has been filed against the judgment in C.C.No.377/2002 before this Court. In the light of that submission, I am dismissing this petition as infructuous. M.C. HARI RANI JUDGE ks.