IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 31395 of 2009 PETITIONER: --------------- B.M.RAFEEQUE,S/O.ADOOR MUHAMMED, AGED 24 YEARS,BADIRA HOUSE, VIDYANAGAR.PO, KASARAGOD. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, CBCID,KANNUR. 2. STATE OF KERALA,REPRESENTD BY THE HOME SECRETARY,DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,TRIVANDRUM. GOVERNMENT PLEADER SRI.P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 31395 OF 2009 ------------------------------------------------------ Dated this the 12th day of November, 2009 JUDGMENT The Writ Petition is filed challenging Ext.P1 notice dated 27.10.2009, issued by the Court of the Judicial Magistrate of the First Class-I. Kasaragod, directing the petitioner to appear before Court on 5.11.2009. The notice was issued when the Deputy Superintendent of Police, CBCID, Kannur filed an application before Court seeking permission to conduct narco analysis test/polygraphic test on the petitioner. 2. Learned counsel for the petitioner submitted that after filing the Writ Petition, the learned Magistrate has passed an order. Therefore, the challenge against the notice has become unnecessary. The petitioner intends to challenge the order passed by the learned Magistrate. In the above circumstances, the Writ Petition is dismissed as not pressed without prejudice to the right of the petitioner to challenge the order passed by the learned Magistrate. (K.T.SANKARAN) Judge ahz/