IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 34805 of 2008(R) -------------------------- PETITIONER: --------------- AHAMMED ALI KUMBLA ABOOBACKER, FATHIMA MANZIL, P.O. KUMBLA, KASARAGOD DISTRICT. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: --------------- 1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, KOZHIKODE PASSPORT OFFICE, BY PASS ROAD, ERANHIPALAM.P.O, KOZHIKODE, KERALA. ADV. SMT.D.P.RENU,CGSC, FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.34805 of 2008 -------------------------- Dated this the 28th November, 2008 J U D G M E N T Petitioner seeks a direction to release his passport. He is employed as a Policeman in Dubai. Learned counsel for the respondents submits that the passport is directed to be impounded as per the orders passed by the Judicial Magistrate of First Class, Kasargod in LPC No.40/04 which has now been committed to the Sessions Court. It is now submitted by both sides that a case has not been registered in the Sessions Court. But now that the passport is directed to be impounded as per the orders of the Magistrate who has thereafter committed the proceedings to the Sessions Court since offence is exclusively triable by the Sessions Court, the remedy of the petitioner is to move the Sessions Court. Learned counsel for the petitioner submits that he would also have a right to move this Court under Section 482 of the Cr.P.C seeking appropriate directions to the W.P ( C) No.34805 of 2008 2 Sessions Court taking note of the delay and the registration of the case before the Sessions Court. In these circumstances, he seeks permission to withdraw the writ petition with liberty to take appropriate action in relation to the proceedings which are now committed to the Sessions Court and for release of the passport which is directed to be impounded as per the orders of the Judicial Magistrate of the First Class, Kasargod. Permission granted. The writ petition is dismissed as withdrawn (V.GIRI,JUDGE) ma W.P ( C) No.34805 of 2008 3 W.P ( C) No.34805 of 2008 4