V. Rajendran v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937Q Crl.MC.No. 7254 of 2015 () --------------------------- CMP 5889/2015 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, KOLLAM CRIME NO. 309/2015 OF EAST KALLADA POLICE STATION, KOLLAM PETITIONER/ACCUSED:

------------------- V. RAJENDRAN, AGED 62 YEARS, S/O.VASAVAN, KARIKUZHIPUTHEN VEEDU, CHERUPOIKA, PAVITHRESWARAM P.O, KOTTARAKKARA TALUK, KOLLAM DISTRICT.

BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS/COMPLAINANTS/STATE:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

2. THE SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION, KOLLAM DISTRICT 691 001. BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/30/11/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 7254 of 2015 ======================= Dated this the 30th day of November, 2015

O R D E R

The petitioner wants to withdraw from this Crl.M.C., without prejudice to his right to challenge the crime as such. According to the learned counsel for the petitioner, the offence alleged against the petitioner under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 will not lie. The said question does not arise here, as the present proceedings is one challenging Annexure-A6 order passed by the court below under Section 451 Cr.P.C. Annexure-A6 does not call for any interference from this Court at present. Without prejudice to the petitioner to challenge the crime as such, this Crl.M.C. is dismissed as withdrawn. Sd/- B.KEMAL PASHA JUDGE DSV/30/11/15 // True Copy // P.A. To Judge