IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 162 of 2011()
1. SUBASH, S/O. PARAMESWARAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.SAJITH KUMAR V.
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :19/01/2011
O R D E R
THOMAS P JOSEPH, J.
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Crl.M.C.No.162 of 2011
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Dated this 19th day of January, 2011
ORDER
Petitioner is accused No.3 in Crime No.477 of 2000 of the
Thiruvalla Police Station for offence punishable under Secs.143,
147, 149, 451, 421, 379 and 153(A)(1)(b) of the Penal Code.
Since petitioner was not available when the remaining accused
were tried, case against petitioner was refiled as C.C.No.713 of
2009 of Judicial First Class Magistrate, Thiruvalla. This petition
is to quash proceedings against petitioner on various grounds
stated in the petition. After arguing the matter for some time,
learned counsel for petitioner has sought permission to withdraw
the petition without prejudice to the right of petitioner to take up
appropriate defence including plea of discharge before the
learned Magistrate.
2. Having heard learned counsel for petitioner and
learned Public Prosecutor permission is granted to withdraw this
petition.
Resultantly this petition is dismissed as withdrawn without
prejudice to the right of petitioner to take up appropriate defence
at the appropriate stage including a claim for discharge if law
provides for that.
(THOMAS P JOSEPH, JUDGE)
Sbna/-