IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.THANKAPPAN TUESDAY, THE 19TH DECEMBER 2006 / 28TH AGRAHAYANA 1928 CRL.A.No. 15 of 1999() ---------------------- CC.198/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... APPELLANT/COMPLAINANT: ----------- JYOTHISHA D/O. RAMACHANDRAN, THAZHATHU VEEDU, KOLLUPARAMBU, VERKOLI, POLPULLY, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU RESPONDENTS/ACCUSED NOS.1 AND 2 AND STATE: ------------- 1. RAMESH, S/O. KUTTIKRISHNAN, INDRAPRASTHAM, MOOTHEDATHU VEEDU, MUNDUR. 2. RAGINI DEVI, D/O. VELAYUDHAN, SATHYANATHANPALLOM, PUDUSSERY, KANCHIKKODE, PALAKKAD. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. BY ADV. SRI.SANTHEEP ANKARATH - R1 AND R2 SRI.S.VIJAYAKUMAR PUBLIC PROSECUTOR SRI. C.M. NAZAR - R3 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2006, ALONG WITH CRL.R.P. NO. 3576 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.THANKAPPAN, J. ---------------------------------------- CRL. APPEAL NO.15 OF 1999 & CRL. R.P. NO.3576 OF 2006 ---------------------------------------- Dated this the 19th day of December, 2006 JUDGMENT The above appeal is filed by the complainant against the order of acquittal passed in C.C. No.198 of 1997 on the file of the Judicial First Class Magistrate's Court, Chittur. The appeal was admitted on granting special leave. Now, the appellant has filed a memo stating that she is not interested in prosecuting the appeal further. 2. Crl.R.P.No.3576 of 2006 is also filed by the very same complainant challenging the order passed in C.C.No.198 of 1997. The revision was filed before the Sessions Court, Palakkad as Crl.R.P.No.109 of 1998 and the same was transferred to this Court for hearing along with the appeal. 3. Learned counsel appearing for the appellant seeks permission to withdraw the appeal since the appellant is not interested in prosecuting the CRL.A.15/99 & CRL.R.P.3576/06 2 appeal. Permission sought for is granted. Since the revision is also filed challenging the very same order, the revision can be closed. The Crl. Appeal is accordingly dismissed as withdrawn, confirming the order passed by the court below. Crl.R.P.No.3576 of 2006 is closed. (K.THANKAPPAN, JUDGE) sp/ CRL.A.15/99 & CRL.R.P.3576/06 3 K.THANKAPPAN, J. CRL.APPEAL NO.15/1999 & CRL.R.P.NO.3576/2006 JUDGMENT 19TH DECEMBER, 2006 CRL.A.15/99 & CRL.R.P.3576/06 4