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2025 Supreme(Online)(Ker) 52169

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ANTONY ASBEN @ M.A.ANTONY – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1900 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.C.UNNIKRISHNAN (KOLLAM), SMT.UTHARA A.S, SHRI.GAJENDRA SINGH RAJPUROHIT
For the Respondents: SR.PP.SMT.SEETHA S

The court ensures that withdrawal of a criminal miscellaneous case does not affect the petitioners' right to pursue further legal remedies.

Headnote:This judgment addresses the dismissal of Crl.M.C No. 1900 of 2021 following the submission by the petitioners that the defacto complainant is deceased. The Court acknowledges this position and allows withdrawal of the petition, reserving the petitioners' rights to seek other legal remedies. The primary issue framed was regarding the withdrawal, emphasizing the petitioners' ongoing rights. The Court's reasoning highlights the procedural aspect of withdrawal without prejudice. Ultimately, the petition is dismissed as withdrawn while ensuring rights to further remedies remain intact.

ORDER

Dated this the 19th day of November, 2025 The learned counsel appearing for the petitioners submits that as the defacto complainant is no more, the petitioners may be permitted to withdraw the Crl.M.C without prejudice to their right to work out their remedies in accordance with law.

In light of the above submission, the Crl.M.C is dismissed as withdrawn, but by reserving the right of the petitioners to work out their remedies in accordance with law.

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