IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Crl.MC.No. 658 of 2011() ---------------------------------- CRIME NO.307 OF 2009 OF KAZHAKOOTAM POLICE STATION ------------------------- PETITIONER(S)/ACCUSED NO.1 --------------------------------------------- SIJI, FIRDOUS, HEALTH CENTRE ROAD, MANNALAPPURAM P.O, MANNALAPPURAM. BY ADV. SRI.A. AHZAR RESPONDENT(S)/STATE AND COMPLAINANT ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAZHAKOOTTAM POLICE STATION, KAZHAKOOTAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. HAFIS RAHMAN, MANGLAVIL VEEDU, NEAR KANDAL MUSLIM MOSQUE, ANDOORKONA VILLAGE, THIRUVANANTHAPURAM.PIN- 695 001 R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.658 of 2011 -------------------------------------- Dated this the 28th day of March, 2011. ORDER Petitioner is accused No.1 in Crime No.307 of 2009 of Kazhakkoottam Police Station for offences punishable under Sections 366 and 506(i) read with Section 34 of the Indian Penal Code. Annexure-I is the FIR and Annexure-II, final report dated 05.08.2009 where petitioner and two others are the accused. Petitioner seeks to quash proceeding against him contending that on earlier occasions also same allegations were made against him concerning CW2 and the Police after investigation submitted refer reports stating that allegations are false. However, when the matter came up for hearing learned counsel sought permission to withdraw this petition 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 request made I am inclined to allow the request. Accordingly this petition is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence in the trial court. THOMAS P.JOSEPH, Judge. cks