IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Crl.MC.No. 1516 of 2011() -------------------------------------- (CRIME NO.242/2010 OF VATTIYOORKAVU POLICE STATION) ..... PETITIONER(S): ACCUSED: ----------------------------------------- MAHESH ALIAS KOCHUKUTTAN, S/O.LATE AGNISAMANAN NAMBOODIRI, AGED 28 YEARS, RESIDING AT THENGUMADAM VEEDU, HOUSE NO.VIII/253, OTTASEKHARAMANGALAM, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT(S): COMPLAINANT & STATE: ---------------------------------------------------------------- 1. SUBHADRA DEVI, D/O.SAVITHRI DEVI, AKSHAYA MARANGATTU ILLAM, PUTHUKULANGARA LANE, KURUVIKKADU PANCHAYATHUKULAM, KURUVIKKADU WARD, VATTIYOORKAVU VILLAGE, PIN - 695 013. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1516 of 2011 -------------------------------------- Dated this the 26th day of May, 2011. ORDER Petitioner is accused in Crime No.242 of 2010 of Vattiyoorkavu Police Station originally registered for offence punishable under Section 354 of the Indian Penal Code (for short, “the IPC”) on the information given by the first respondent/defacto complainant. Later, by step by step the prosecution case according to the petitioner, developed and ultimately it has reached a stage where allegation is one under Sections 451 and 376 of the IPC. Learned counsel though argued the matter for some time, has sought permission to withdraw this Criminal Miscellaneous Case without prejudice to the right of petitioner to take appropriate defence in the trial court. I have heard learned Public Prosecutor also. 2. Having regard to the circumstances stated I am inclined to allow the request. Resultantly, this Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence in the trial court. THOMAS P.JOSEPH, Judge. cks