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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 843 OF 2011(Arising out of Special Leave Petition(Criminal)No.2038/2010)

DIVINE RETREAT CEN.& ORS. ...Appellants

VERSUS

KALACODE VENUGOPALAN NAIR & ORS. ...Respondents

O R D E R

Leave granted.

The first respondent/complainant Kalacode Venugopalan Nair is present in person in the Court. The learned counsel for the appellants on the strength of the instructions given by the first respondent in the Court seeks leave of this Court to withdraw Crl.M.C. No. 4201 of 2009 filed by him under Section 482 of the Code of Criminal Procedure seeking directions of further investigation into Crime No. 177 of 2007. Leave is, accordingly, granted. The application, namely, Crl.M.C. No. 4201 of 2009 filed by the first respondent in the High Court, shall, accordingly, stand dismissed as withdrawn. Consequently, the impugned order passed by the High Court is set aside.

The appeal is, accordingly, allowed.

.................., J. [B. SUDERSHAN REDDY] .................., J. [SURINDER SINGH NIJJAR]

NEW DELHI; MARCH 29, 2011.