IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WA.No. 1542 of 2009 --------------------- AGAINST THE JUDGMENT IN WPC.4879/2007 Dated 25/02/2009 .................... APPELLANT/PETITIONER: --------------------------- V.K. GOPALAKRISHNAN, AGED 64 YEARS, S/O.LATE GOVINDAN, WARRIAMKANDI HOUSE, MANNADAMPARAMBU, GOLAPASWAMY IYYANKAR ROAD, KALLAI P.O., PANNIYANKARA, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATION HOUSE OFFICER, FEROKE POLICE STATION, FEROKE. 2. CITY POLICE COMMISSIONER, KOZHIKODE. 3. THE EXECUTIVE MAGISTRATE(TAHSILDAR), KOZHIKODE. 4. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, KOZHIKODE. 5. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, CHENNAI. 6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY(HOME DEPARTMENT), THIRUVANANTHPAURAM. R1 TO R4 & R6 BY SR. GOPVT. PLEADER, SMT. K. MEERA. R5 BY SRI.M.V.S. NAMBOOTHIRY, SC, CBI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1542 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 23rd day of July, 2009 JUDGMENT S.R. Bannurmath, C.J. After hearing the matter for some time, learned counsel appearing for the appellant/petitioner seeks permission to withdraw the writ petition itself so as to prosecute his remedy available under the Code of Criminal Procedure by filing a private complaint and bring out his grievance before the Court. 2. In view of the peculiar facts and circumstances of the case, we deem it just and necessary to permit the appellant/petitioner to withdraw the writ petition. Accordingly the writ petition is dismissed as withdrawn. In view of the dismissal of the writ petition as withdrawn, the judgment of the learned Single Judge stands annulled. It is open for the appellant/petitioner to WA No.1542 of 2009 -:2:- seek his remedy before appropriate forum. With this liberty the writ appeal stands disposed of. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge ttb