IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Crl.MC.No. 146 of 2011() ----------------------------------- PETITIONER(S): ------------------------ 1. ZAINUDHEEN.K.P., AGED 34 YEARS, KODAKKATAKATH PUTHEN PEEDIYAKKAL, POST-KADALUNDI NAGARAM, MALAPPURAM DISTRICT-673 314. 2. MOHAMMED KOYA.K.P., AGED 52 YEARS, KODAKKATAKATH PUTHAN PEEDIYAKKAL, POST KADALUNDI NAGARAM, MALAPPURAM DISTRICT, PIN-673 314. 3. MUHAMMED FAJAR, AGED 22 YEARS, S/O.ABOOBACKER, CHERICHERI, PARAPPANANGADI-676 303, MALAPPURAM DISTRICT. BY ADV. SRI.T.RAVIKUMAR SMT.M.K.ASWATHI RESPONDENT(S): -------------------------- 1. THE UNDER SECRETARY TO THE GOVT.OF INDIA, MINISTRY OF OVERSEAS INDIAN AFFAIRS, PRAVASI BHARATIYA KARYA MANTRALAYA, NEW DELHI-110 001. (O/O THE PROTECTOR GENERAL OF EMIGRANTS). 2. THE HON'BLE SECRETARY TO GOVERNMENT, NON RESIDENT KERALITES AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN695 001. 3. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 035. 4. THE COMMISSIONER OF POLICE, ERNAKULAM-682 031. 5. THE C.I.OF POLICE, E.T.SOUTH POLICE STATION, ERNAKULAM-682 031. 6. SUB INSEPCTOR OF POLICE, ERNAKLULAM TOWN, SOUTH POLICE STATION, (CRIME NO.2028 OF 2010)-682 035. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R2 TO R6 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.146 of 2011 -------------------------------------- Dated this the 23rd day of March, 2011. ORDER Petitioners are accused in Crime No.2028 of 2010 of Ernakulam Town South Police Station for offence punishable under Section 10 read with Section 24 of the Emigration Act, 1983 (for short, “the Act”). The case is that without any permission or authority from the Government, candidates were recruited to Gulf through Rajab Human Resources Consultant and Exporters with which petitioners are said to be associated. Petitioners contended in this proceeding that they have not recruited any candidate and instead, had only provided convenient place for an interview to some other agency. 2. When the matter came up for hearing learned counsel for petitioners requested permission to withdraw this petition without prejudice to the right of petitioners to raise appropriate plea/defence in the trial court in case any final report is filed against them. Learned Public Prosecutor submitted that the matter is being investigated. 3. Having regard to the request made by learned counsel I am inclined to allow it. Crl.MC No.146/2011 2 Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioners to raise appropriate plea/defence in the trial court in case any final report is filed against them. THOMAS P.JOSEPH, Judge. cks