IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Crl.MC.No. 1814 of 2006 ---------------------------- CC.1727/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER(S): ACCUSED: ------------------------------ SMT. RAJAMMA, "ROHINI", VATTAVILA, POUDIKONAM, THIRUVANANTHAPURAM. (FORMER SECRETARY, MUTTATHARA SERVICE CO-OPERATIVE BANK LTD., NO.T-413, BEEMAPALLI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------ 1. THE KERALA WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, B.MOHAMMED JAMAL, KERALA WAKF BOARD, PARAMARA ROAD, ERNAKULAM. 2. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R1 PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKKARA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.3561/2006 IN CRL.M.C.NO.1814 OF 2006 ...... DISMISSED. 18/12/2009. SD/-A.K.BASHEER, JUDGE. A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. 1814 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2009 ORDER After arguing the matter for quite some time, learned counsel for the petitioner seeks permission to withdraw the petition, with liberty to file a petition for composition before the court below. 2. Learned counsel for respondent No.1 submits that if such a request is made by the petitioner, the Board will not be averse in acceding to such a request, especially keeping in view the fact that petitioner is a lady who had retired from service a few years ago. 3. As rightly pointed out by the learned counsel, the petitioner does not seem to have been properly advised about the implications of her failure to respond to the direction issued by the Board in an appropriate manner. In that view of the matter, I do not find any reason why a lenient view cannot be taken by the Board in this matter. 4. In the peculiar facts and circumstances of this case, the court below shall not insist for the personal appearance of the petitioner before the court. If a petition for composition is filed, appropriate orders thereon shall be passed by the court below in accordance with law. Crl.M.C is disposed of in the above terms. A.K. Basheer Judge. an.