IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 22055 of 2008(A) -------------------------------------- PETITIONER : ------------------- RIJU P.P., PATTATHIL HOUSE, PARAMTHODU, THEKKETHU KAVALA POST, PONKUNNAM, KOTTAYAM DISTRICT BY ADV. SRI.O.D.SIVADAS RESPONDENTS : ---------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, KANJIRAPPALLY 2. THE SUB INSPECTOR OF POLICE, PONKUNNAM POLICE STATION, PONKUNNAM 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY GOVERNMENT PLEADER SRI.AMJED ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.22055 of 2008 ------------------------------------- Dated this the 22nd day of July, 2008 JUDGMENT After discussions at the Bar and called upon to explain how this petition under Article 226 of the Constitution of India is maintainable in the light of the decision in Sakiri Vasu v. State of U.P [2008 AIR SCW 309] followed by this Court in John v. State of Kerala [2008(1) KLT 462], the learned counsel for the petitioner fairly makes only one request. He prays that the petitioner may be permitted to withdraw this petition without any fetter on his right to approach the learned Magistrate with an application under Section 156(3) Cr.P.C. Request is accepted. 2. This Writ Petition is accordingly dismissed as withdrawn. Needless to say, if the petitioner makes an application under Section 156(3) Cr.P.C before the learned Magistrate, the learned Magistrate must consider the prayer on merits and pass appropriate orders in the light of the decisions referred above. 3. Hand over a copy of this judgment to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/- 2