IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3706 of 2008 ---------------------------------- (CRL.R.P.NO.1/08 OF SESSIONS COURT, ERNAKULAM) ........... PETITIONER: ------------------- ALI P.P. S/O. PAREETH, PUTHIYEDATHU VEEDU, MUDAVOOR P.O., VAZHAPPILLY, MUVATTUPUZHA. BY ADV. SRI.P.M.SANEER. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. N. MOHAN, S.I. OF POLICE, KALADY POLICE STATION, KALADY, NOW WORKING AS S.I. OF POLICE, KOOTHATTUKULAM POLICE STATION, KOOTHATTUKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3706 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R Called upon to explain how this Crl.M.C. can be said to be maintainable in the light of the fact that the petitioner has a right of revision, the learned counsel for the petitioner, after discussions at the Bar, accepts that the bar under Section 397(3) Cr.P.C. will not apply to him and that he has a right to move this Court in revision. He prays that the petitioner may be permitted to withdraw this petition without any fetter on his right to move this court in revision. Request accepted. This Crl.M.C. is dismissed as withdrawn. 2. Hand over copy of the order and the documents produced to the counsel for the petitioner. (R. BASANT) Judge tm