Mubeena Muhammed vs State Of Kerala
2021 Latest Caselaw 5907 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                       Crl.MC.No.795 OF 2021(H)

  AGAINST THE JUDGMENT IN CC 426/2010 OF JUDICIAL MAGISTRATE OF
                   FIRST CLASS -II,NEDUMANGAD


PETITIONERS:

      1        MUBEENA MUHAMMED
               AGED 49 YEARS
               W/O.PEERY MUHAMMED, SILVER SANDS, MANALIYIL
               BALARAMAPURAM , THIRUVANANTHAPURAM-695 501,NOW
               RESIDING AT MOULANS MAHAL, NEAR NEDUMKULAM,
               CHERUTHALAVILAKAM, BALARAMAPURAM, THIRUVANANTHAPURAM-
               695 501

      2        M.PEERU MUHAMMAD
               AGED 54 YEARS
               S/O. MYTHEENU KUNJU, SILVER SANDS, MANALIYIL
               BALARAMAPURAM , THIRUVANANTHAPURAM-695 501,NOW
               RESIDING AT MOULANS MAHAL, NEAR NEDUMKULAM,
               CHERUTHALAVILAKAM, BALARAMAPURAM, THIRUVANANTHAPURAM-
               695 501

               BY ADV. SRI.M.R.SARIN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY PUBIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM-682 031

      2        M.VIJAYAN
               S/O. K.MADHAVAN PANICKER, REVATHI BHAVAN, TC
               6/4,VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695 013


               SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 795/2021                        2

                                  V.G.ARUN, J.

                ===========================
                         Crl.M.C.No.795 of 2021
                ===========================
                  Dated this the 18th day of February, 2021


                                 ORDER

After arguing for some time and finding that this court is

not inclined to exercise the jurisdiction under Section 482 Cr.P.C

for quashing the proceedings, learned counsel for the petitioners

seeks permission to withdraw the Crl.M.C, with liberty to raise all

legal and factual contentions before the trial court. Permission is

granted and the Crl.M.C is dismissed as withdrawn, with the

liberty sought.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A1 THE CERTIFIED COPY OF THE CHEQUE BEARING NO.'709116' OF CANARA BANK, BALARAMAPURAM BRANCH ISSUED BY THE 1ST PETITIONER

ANNEXURE-A2 THE CERTIFIED COPY OF MEMORANDUM OF CHEQUE UNPAID DATED 29.09.2005 OF SOUTE INDIAN BANK, SPENCER BRANCH, THIRUVANANTHAPURAM

ANNEXURE-A3 THE CERTIFIED COPY OF PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE JFCM COURT- II NEDUMANGAD IN CC NO.4/2010

ANNEXURE-A4 THE COPY OF ST NO.1751/2005 FILEDBY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST MAGISTRATE -III, THIRUVANANTHAPURAM

ANNEXURE-A5 THE CERTIFIED COPY OF THE DEPOSITION OF THE 2ND RESPONDENT AS PW1,BEFORE THE JFCM-II, NEDUMANGAD