IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Crl.MC.No. 1240 of 2009() -------------------------------------- (CRIME NO.322 OF 2009 OF KOCHI CUSBA POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- YOUSAF, AGED 57 YEARS, S/O.MOIDEENKUTTY, 5/368,BUNGALOW PARAMBU, MATTANCHERRY, COCHIN-2. BY ADV. MR.ASHIK K.MOHAMMED ALI RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.1937/2009 IN CRMC.NO.1240/2009 CLOSED 3/04/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1240 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2009. O R D E R This petition is filed with a prayer to direct the Judicial First Class Magistrate-II, Kochi to return the original Electoral Photo Identity Card retained by the learned Magistrate in the file of Crime No.322/09 of Kochi Cusba Police Station. The grievance is that he wants to vote in the forthcoming parliamentary election and denial of return of the Photo Identity Card may affect his fundamental right to vote. The proper relief that can be granted to the party is to direct him to file an application before the Court below for return of the Identity Card and the Court below can pass appropriate orders and it should be borne in mind that Electoral Photo Identity Card is really necessary for voting in Elections. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-