IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 OP(Crl.).No. 245 of 2011(Q) --------------------------- CC.85/2009 of J.M.F.C.,PAYYANNUR .................... PETITIONER ------------------------------ PUTHALATH GOVINDA PODUVAL, S/O.LATE KUNHIKANNA PODUVAL, AGE 62, PUTHALATH HOUSE, P.O.MATHAMANGALAM, KANNUR DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUPERINTENDENT OF POLICE, KANNUR.670001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, TALIPARAMBA.670303. 4. THE SUB INSPECTOR OF POLICE, PAZHAYANGADI. 670303 PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J * * * * * * * * * * * * * O.P.(Crl).No.245 of 2011 ---------------------------------------- Dated this the 19th day of January 2011 J U D G M E N T Learned counsel for the petitioner, after arguing the case for some time, seeks permission to withdraw this petition without prejudice to the right of the petitioner to move appropriate application before learned Judicial First Class Magistrate Court, Payyannur for further investigation under Section 173(8) of Code of Criminal Procedure (for short, “the Code”). 2. Having heard learned counsel for the petitioner and learned Public Prosecutor, I am inclined to grant permission to withdraw the petition. 3. Accordingly, petition is dismissed as withdrawn without prejudice to the right of petitioner to approach the learned Judicial First Class Magistrate, Payyannur with a request for further investigation under Section 173(8) of Code of Criminal Procedure, if he is otherwise entitled to that course and without prejudice to his right to approach this Court again under Section 482 of the Code, if circumstances warranted that. (THOMAS P.JOSEPH, JUDGE) jsr // True Copy// PA to Judge O.P.(Crl).No.245 of 2011 2 O.P.(Crl).No.245 of 2011 3 O.P.(Crl).No.245 of 2011 4 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011