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Judgment
11 paragraphs · 276 wordsAlexander Thomas, J
The prayers in the afore captioned Writ Petition (Criminal) are as follows:
“
i. Issue a writ of habeas corpus or any other writ, order or direction directing the 2nd respondent to produce the body of the Detenue, the husband of the petitioner before this Hon'ble Court and set him free;
ii. Issue a writ of certiorari quashing Ext.P3 order of approval dated 31/08/2022 passed by the Home(SSA) Department;
iii. To dispense with the English translation of vernacular documents.
iv. Issue such other writ, order or direction as this Hon'ble Court deems fit and proper in the circumstances of the case in the interest of justice.”
Today when the matter has been taken up for consideration, Sri.Satheeshmohanan, learned counsel instructed by Smt.Anu Krishnan, learned counsel appearing for the petitioner would submit on the basis of instructions that the petitioner has been advised to withdraw this Writ Petition (Criminal) as there are some factual errors committed in drafting and as the District Magistrate/District Collector, Kottayam who has issued Ext.P-1 detention order has not been made a party and with liberty to file a fresh Writ Petition (Criminal) impleading all necessary parties and making necessary factual averments in that regard and raising grounds, etc.
Sri.K.A.Anas, learned Prosecutor has no objection to the said course of action.
Accordingly, it is ordered that leave is accorded to the petitioner to withdraw this present Writ Petition (Criminal) with liberty to file a fresh Writ Petition (Criminal) after impleading all necessary parties and also after stating the correct factual aspects, etc.
With the said liberty, the above Writ Petition (Criminal) will stand dismissed as withdrawn.