IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 Crl.MC.No. 4984 of 2010() ------------------------------ (CRIME NO.33/2010 OF KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT) ...... PETITIONER(S): ACCUSED ------------------------------- SADHIQUE, S/O.ABDUL REHMAN, FATHIMA MANZIL, EDATHALA KARA, ALUVA EAST VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.33/2010 OF KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT). BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4984 of 2010 --------------------------------------- Dated this 31st day of January, 2011 ORDER Petitioner seeks to quash Annexure-I, Order passed by the learned Judicial First Class Magistrate-I, Perumbavoor on September 29, 2010 on C.M.P.No.3172 of 2010 in Crime No.33 of 2010 Kuruppampady Police Station. Petitioner prayed that the vehicle seized by the police be returned to him under Sec.451 of the Code of Criminal Procedure (for short, "the Code”). In view of the objection raised by the Investigating Officer that some of the accused are still absconding and investigation of the case is not completed, learned Magistrate disallowed the prayer by Annexure-1, order which is under challenge. Learned Public Prosecutor reiterated that investigation of the case is not completed. 2. Learned counsel after arguing the matter for some time has requested permission to withdraw the petition without prejudice to the right of petitioner to move fresh application before the learned Magistrate after investigation is over. Having regard to the request made by the petitioner I am inclined to allow that request. Crl.M.C.No.4984 of 2010 -: 2 :- Resultantly this criminal miscellaneous case is dismissed as withdrawn without prejudice to the right of petitioner to move fresh application before the learned Magistrate after investigation of the case is over. Any such application if moved by the petitioner shall be decided on its merit. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge