IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 30868 of 2008(Y) -------------------------- PETITIONER(S): --------------- KILIYIL HAMZA ABDUL HAKEEM, AGED 32 YRS. S/O.HAMZA, KILLIYIL HOUSE, NARAMPUZHA.P.O, PIDAVANNOOR-MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- THE SUPDT.OF POLICE, CBI-ACB,3RD FLOOR, KENDRIYA SADAN, SULTHAN BAZAR, KOTI, HYDERABAD-600095. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).30868/2008 -------------------- Dated this the 3rd day of November, 2008 JUDGMENT Petitioner is aggrieved by the refusal on the part of the respondent in releasing his passport which was taken into custody at Nedumbassery International Airport, Kochi, on 25.9.2008. Counter affidavit has been filed by the respondent pointing out that the passport is required for the purpose of investigation in a criminal case registered against one Yashwanth Singh, former Assistant Officer of Protector of Emigrants, Hyderabad, and other officials. According to the respondent, the passport belonging to the petitioner is required as a material object because it contains a fake signature. It is further stated that the CBI will produce the passport before the Special Judge for CBI Cases, Hyderabad, after getting an expert opinion. 2. In my view, the remedy of the petitioner is to approach the Special Judge for CBI Cases, Hyderabad, W.P.(C).30868/2008 2 in R.C.21(A)/2006-CBI-Hyd. If an application is filed before the said Court, obviously the Court will have to deal with the petitioner's case for return of the passport. I also take note of the fact that at this juncture, the petitioner is not an accused. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs