George Philip vs State Of Kerala Represented By The on 29 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4344 of 2010()


1. GEORGE PHILIP, S/O.PHILIP,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.P.SAMSUDIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :29/11/2010

 O R D E R
                M.Sasidharan Nambiar, J.
               --------------------------
                 Crl.M.C.No.4344 of 2010
               --------------------------

                         ORDER

Petitioner, the accused in S.T.No.29/2010, filed

C.M.P.No.2028/2010 fur further investigation under

Section 173(8) of Code of Criminal Procedure. By

Annexure-A4 order, learned Magistrate dismissed that

petition. This petition is filed under Section 482 of

Code of Criminal Procedure to quash Annexure-A4 order

and to order further investigation.

2. Learned counsel appearing for the petitioner

and learned Public Prosecutor were heard.

3. On hearing the learned counsel, I do not find

any reason to interfere with Annexure-A4 order. If the

case of the petitioner is that there is no material to

prove that the way obstructed is a public way, it is

for the petitioner to take advantage of the same at the

time of trial.

Petition is dismissed.

29th November, 2010 (M.Sasidharan Nambiar, Judge)
tkv