IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 Crl.MC.No. 5004 of 2010() ------------------------- [SC.NO. 642/2009 OF III ADDL.ASSISTANT SESSIONS COURT, KOZHIKODE] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. ABDUL SAMAD, AGED 45 YEARS, S/O.MUHAMMED, KACHERI PARAMBA, PARANNUR AMSOM DESOM, P.O.PARANNUR, KOZHIKODE TALUK. 2. RAFEEQ, AGED 31 YEARS, S/O.MUHAMMED, KACHERI PARAMBA, PARANNUR AMSOM DESOM, P.O.PARANNUR, KOZHIKODE TALUK. 3. YOUNUS SALIM, AGED 36 YEARS, S/O.UMMER, PULPARAMBIL PURAYIL, PARANNUR AMSOM DESOM, P.O.PARANNUR, KOZHIKODE TALUK. 4. MKC ABDUL RASHEED, AGED 36 YEARS, S/O.MUHAMMED, VELLACHALIL HOUSE, PARANNUR AMSOM DESOM, P.O.PARANNUR, KOZHIKODE TALUK. 5. P.ABDUL KHADER, AGED 50 YEARS, S/O.AHAMMED MASTER, PULPARAMBIL, P.O.PARANNUR, NARIKKUNI, KOZHIKODE. 6. ABDUL LATHEEF, AGED 47 YEARS, S/O.MUHAMMED, KACHERI PARAMBA, PARANNUR AMSOM DESOM, P.O.PARANNUR, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN. CRL.M.C. NO.5004/2010: RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.5004 of 2010 --------------------------------------- Dated this 14th day of February, 2011 ORDER Petitioners are accused in Crime No.192 of 2009 of Koduvally Police Station and S.C.No.642 of 2009 of the court of learned Assistant Sessions Judge-III, Kozhikode for offences punishable under Secs.143, 147, 148, 341, 323, 308 and 506(2) r/w Sec.149 of the Indian Penal Code. On the strength of a compromise with the de facto complainant, petitioners wanted to quash proceedings against them and in the alternative, direct learned Assistant Sessions Judge to dispose of the case as early as possible since the second petitioner has got a job in Gulf and pendancy of the case will affect him adversely. When the matter came before me for hearing learned counsel sought permission to withdraw the petition. Learned counsel requested that learned Assistant Sessions Judge may be directed to expedite trial and disposal of the case. I have heard counsel for de facto complainant and the learned Public Prosecutor as well. Having regard to the request I am inclined to allow the petition to be withdrawn. I am also inclined to direct the learned Assistant Sessions Judge to dispose of the case as early as possible. Crl.M.C.No.5004 of 2010 -: 2 :- Resultantly this criminal miscellaneous case is dismissed as withdrawn without prejudice to the right of petitioners to take appropriate defence in the trial court. Learned Assistant Sessions Judge-III, Kozhikode is directed to dispose of the case as early as possible having regard to the fact that the case is of the year 2009 and that second petitioner being employed abroad pendancy of the case might adversely affect him. In case learned Assistant Sessions Judge is not able to dispose of the case within a reasonable time learned Assistant Sessions Judge may consider whether it is possible to grant exemption to the second petitioner from appearance in Court at the time of trial subject to appropriate conditions. (THOMAS P JOSEPH, JUDGE) Sbna/-