IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 CRL.MC.NO. 3658 OF 2010() ---------------------------------------- CC.230/2008 OF 2008, JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM) .................... PETITIONER(S): ACCUSED -------------------------------------- DR.P.V.JOSEPH, XIX/256, PUKKUNNEL HOUSE, PUTHUPPADY P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.P.K.VARGHESE SRI.K.S.ARUN KUMAR SMT.MAYA ANTHARJANAM RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.A.SOSAMMA, W/O.KURIAKOSE, AGED 57 YEARS, PUKKUNNEL HOUSE, POTHANIKKADU P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.3658 of 2011 ==================================== Dated this the 16th day of February, 2011 O R D E R Petitioner is accused in C.C. No.230 of 2008 of the court of learned Judicial First Class Magistrate, Kothamangalam for offences punishable under Sections 448, 353, 392 and 426 of the Indian Penal Code. Case is that while second respondent as a Teacher in charge of Father Joseph Memorial Higher Secondary School, Puthuppady, petitioner who is the elder brother of the then Manager, Prasad trespassed into the office of the said School on 13.12.2006 at about 10.00 a.m., forcibly snatched the attendance register from the custody of respondent No.2, tore it off and used obscene words against the second respondent. It is also alleged that petitioner caught on the arm of second respondent and pulled her out of the office. Police submitted Annexure-I, refer report reporting the case as one of mistake of facts. Respondent No.2 filed a protest complaint. On that complaint learned Magistrate recorded sworn statements of respondent No.2 and C.Ws.2 to 5 and on the strength of the statements given by those witnesses took cognizance of the CRL.M.C. No.3658 of 2010 -: 2 :- offences and filed C.C. No.230 of 2008. That order is under challenge. 2. Though various contentions are raised, after arguing the matter for some time learned counsel sought permission to withdraw the petition without prejudice to the right of petitioner to plead discharge under Section 245(1) or (2) of the Code Criminal Procedure (for short, “the Code”). Having regard to the facts and circumstances stated I am inclined to allow the request. Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioner to plead discharge under Sec.245(1) or (2) of the Code as circumstances warranted. THOMAS P. JOSEPH, JUDGE. vsv