Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945 CRL.MC NO. 4845 OF 2023 CRIME NO.988/2016 OF Town West Police Station, Thrissur AGAINST THE ORDER IN CC NO.164/2017 OF CHIEF JUDICIAL MAGISTRATE, THRISSUR PETITIONERS/ACCUSED NOS.4 & 5 :- 1 POULY JOY, AGED 66 YEARS W/O.JOY KOLLANNOOR KOLLANNOOR HOUSE VALLIKULAM ROAD, CHIYYARAM, THRISSUR DISTRICT, PIN - 680026 2 JOY KOLLANNOOR, AGED 71 YEARS S/O.JOSEPH KOLLANNOOR HOUSE VALLIKULAM ROAD, CHIYYARAM, THRISSUR DISTRICT, PIN - 680026 BY ADVS. V.RAJENDRAN (PERUMBAVOOR) N.RAJESH GOPAKUMAR P. RESPONDENTS/STATE/COMPLAINANT/DE FACTO COMPLAINANT & ACCUSED NOS.1 TO 3 :- 1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 SUB INSPCETOR OF POLICE TOWN WEST POLICE STATION THRISSUR, PIN - 680003 3 BABU.K.M, AGED 54 YEARS S/O.KOYAN MATHEW THANICKAL KOYAN HOUSE SURABHI LANE, DOOR.NO.9/291/1 NEW FLY OVER, KOLLANNOOR.P.O. THRISSUR, PIN - 680014 4 JOY MATHEW, AGED 56 YEARS S/O.KOYAN MATHEW THANICKAL KOYAN HOUSE KACHERRY, NEAR FRUIT AND VEGETABLE SOCIETY NADATHARA.P.O. THRISSUR., PIN - 680751 5 ABY K MATHEW, AGED 50 YEARS S/O.KOYAN MATHEW MOHANA SOUDHAM NALLENKARA, THRISSUR, PIN - 680657 6 JOSE, AGED 48 YEARS S/O.THOMA, CHELAPPADAN HOUSE MARATHAKARA, THRISSUR, PIN - 680320 BY SRI.T.R.RENJITH, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.07.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
When the matter was taken up for consideration, the learned counsel appearing for the petitioners seeks permission to withdraw this petition without prejudice to the right of the petitioner to challenge the order in appropriate proceedings. Reserving the said right, this petition is dismissed as withdrawn. The Registry shall return Annexure-A2, certified copy of the final report. Sd/- RAJA VIJAYARAGHAVAN V, JUDGE SMA APPENDIX OF CRL.MC 4845/2023 PETITIONER ANNEXURES - Annexure A1 CERTIFIED COPY OF COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR AS CRL.M.P.NO.2165/2016 DATED 13.4.16. Annexure A2 CERTIFIED COPY OF FINAL REPORT IN C.C.164/17 FILED BY 2ND RESPONDENT CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR ON 29.7.17. Annexure A3 CERTIFIED COPY OF STATEMENT GIVEN BY THE 3RD
RESPONDENT BEFORE THE 2ND RESPONDENT ON 22.4.16 UNDER SECTION 161 OF THE CODE OF CRIMINAL PROCEDURE. Annexure A4 TRUE COPY OF PETITION FILED BY PETITIONERS BEFORE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR ON 18.7.22 UNDER SECTION 239 OF THE CODE OF CRIMINAL PROCEDURE. Annexure A5 CERTIFIED COPY OF ORDER OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IN CRL.M.P.3673/22 IN C.C.164/17 DATED 24.3.23.