IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 28160 of 2009(Q) -------------------------- AGAINST THE ORDER IN CMP 1870/09 IN ST.1257/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI. .................... PETITIONER(S): ------------------------- SUDATH, S/O.MUHAMMAD @ BAVA, PUTHUKAYIL PUTHIYA MALIYAKKAL HOUSE, PO MANGATHIRI, POO KAITHA, TIRUR-676 105. BY ADVS.MR.C.V.MANUVILSAN MR.P.G.SURESH SMT.K.VIDYA MR.M.R.VIBIN RESPONDENT(S): -------------------------- 1. C.A.AKBAR, S/O.ABOOBACKER, RAFEEQ MANZIL, PO PADITHARA, VIA THRITHALA. 2. THE STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 28160 OF 2009 ------------------------------------------ Dated 18th November 2009 JUDGMENT Petitioner is the first accused in S.T.1257/2005 on the file of Judicial First Class Magistrate, Pattambi. This petition is filed under Articles 226 and 227 of Constitution of India to quash the order passed in C.M.P.1870/2009, a petition to re-consider Ext.P3 petition filed for examination of witnesses. S.T.1257/2005 was disposed by learned Magistrate convicting the petitioner. Hence the petition is infructuous and can only be dismissed. Petitioner is at liberty to challenge the order in C.M.P.1870/2009 along with conviction and sentence. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.