When the application came up for hearing today, learned counsel for petitioner submitted that since final report has already been filed and it has been taken on file, he may be permitted to withdraw the petition with liberty to apply for discharge and also raise the protection given under Section 300 of the Code of Criminal Procedure on the basis of the earlier acquittal in a case registered and tried on the basis of same set of facts according to him. The above submission of the counsel for petitioner is recorded and permission is granted to the petitioner to withdraw the petition with liberty to move the lower court for discharge and also protection given against double jeopardy (Autrefois acquit and autrefois convict) under Section 300 of the Code of Criminal Procedure and if such an application is filed, Crl.M.C No.116/2014 2 considering the same by the learned Magistrate and pass appropriate orders in accordance with law and if such an application is filed on the appearance of the petitioner and filing such petition after taking bail, then, the learned Magistrate is directed to consider and dispose of that application within two months from the date of filing of the application. Office is directed to communicate this order to the Judicial First Class Magistrate Court, Malapuram immediately for necessary further action in the matter.
K.RAMAKRISHNAN, JUDGE vdv