IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Crl.MC.No. 1492 of 2011() ------------------------- CC.104/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... PETITIONER/ACCUSED ---------------------------------- BALAGOPALAN NAIR @ BABY, S/O.KRISHNAN NAIR, ANSWARA,VAZHAVILA, OOKKODE, KALLIYOOR DESOM, KALLIYOOR VILLAGE,THIRUVANANTHAPURAM. BY ADV. SRI.T.RAMPRASAD UNNI RESPONDENTS/STATE AND COMPLAINANT ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. SMT.DEEPA, D/O.NIRMALA, PUTHENVEETTIL HOUSE, VAZHAVILA, PARAIKODE,OOKKODE, KALLIYOOR VILLAGE,THIRUVANANTHAPURAM-695042. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1492 of 2011 ==================================== Dated this the 25th day of May, 2011 O R D E R Petitioner is accused in C.C. No.104 of 2011 of the court of learned Judicial First Class Magistrate-I, Neyyattinkara for offence punishable under Section 377 of the Indian Penal Code (for short, “the IPC”). According to the learned Senior Advocate no offence under Sec.377 of the IPC is made out even as per the statements in the final report and at any rate registration of the case and submission of final report are mala fide, with intention to tarnish image of the petitioner. However, after arguing the matter for some time learned Senior Advocate sought permission to withdraw the Crl. M.C. without prejudice to the right of petitioner to plead for discharge before the appropriate court. I have heard learned Public Prosecutor also. Having regard to the submission made by learned Senior Advocate I am inclined to allow the request. Accordingly Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioner to plead discharge before the appropriate court if circumstances permitted CRL.M.C. No.1492 of 2011 -: 2 :- and warranted that. I make it clear that I have not expressed any view on the merit of the contention raised before me, either way. THOMAS P. JOSEPH, JUDGE. vsv