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2025 Supreme(Online)(Ker) 46285

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
STATE OF KERALA – Appellant
Versus
K SURENDRAN – Respondent


Advocates:
For the Appellants/Petitioners: PUBLIC PROSECUTOR, P.NARAYANAN, SAJJU.S.
For the Respondents: P.MARTIN JOSE, C.DINESH, SHREEKANTHA.K, P.PRIJITH, THOMAS P.KURUVILLA, R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON, SACHIN JACOB AMBAT, ANNA LINDA EDEN, S.VAIDYANATHAN, HARIKRISHNAN S., S.SREEKUMAR

ORDER

These revision petitions are filed against the order by which a discharge application is allowed and the accused are discharged.

2. This Court inXavier Raj vs. State of Kerala ( 2025 (4) KLT 257 ) observed that the remedy against such order is an appeal under Section 14A of the Scheduled Casts and Schedule Tribes (Prevention of Atrocities) Act, 1989. It will be better to extract paragraph 8 of the above judgment.

“From the above authoritative judgment and other judgments of the Apex Court, it is clear that an order passed in a discharge petition is not an interlocutory order, and it is an intermediate order. If that is the case, there is no doubt that an appeal is maintainable under Section 14A of the Act, 1989. When a statutory appeal is maintainable against an order, this Court need not entertain a revision against that order invoking the powers under Secs. 438 and 442 of the BNSS.”

In the light of the same, these revision petitions are not maintainable. At this stage, the learned Public Prosecutor submitted that he may be allowed to withdraw these revision petitions with liberty to file an appeal. Liberty is granted. If any appeal is filed, the time during which these revi

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