Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 53448

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SANTHOSH EAPEN – Appellant
Versus
THE ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA – Respondent
CRL.MC NO. 2038 OF 2024 | SC NO.1 OF 2023

Advocates:
For the Appellants/Petitioners: SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.R.GITHESH, SHRI.AJAY BEN JOSE, SRI.MANJUNATH MENON, SHRI.SACHIN JACOB AMBAT, SMT.ANNA LINDA EDEN, SMT.RIZLANA NAZAR P.V., SMT. KARTHIKA SAROJ, SHRI.HARIKRISHNAN S., SRI.S.SREEKUMAR (SR.)
For the Respondents: SRI.S.SREEKUMAR PP, SRI.M.P.PRASANTH

Withdrawal of a Criminal Miscellaneous Case preserves the petitioner's right to contest in further proceedings.

Headnote:The case revolves around provisions applicable to bail applications as per the relevant criminal procedure laws. The petitioner, an accused, sought to withdraw the application for the Criminal Miscellaneous Case pending before the Special Court. The court recorded the submission and allowed the withdrawal explicitly preserving the petitioner's right to present their arguments in subsequent proceedings. The principal issue outlined was whether the withdrawal should adversely affect the petitioner's rights in the ongoing proceedings. The court concluded the Crl.M.C. is dismissed as withdrawn, maintaining the rights of the petitioner intact.

O R D E R

The learned Senior Counsel appearing for the petitioner submits that the Criminal Miscellaneous Case may be dismissed as withdrawn, without prejudice to the right of the petitioner to raise all his contentions before the Special Court, subject to the final outcome of the bail application to be considered by the Special Court.

Recording the above submission, the Crl.M.C. is dismissed as withdrawn.

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2025 Supreme(Online)(Ker) 53448

IN THE HIGH COURT OF KERALA AT ERNAKULAMC.S.DIAS, JSANTHOSH EAPEN – AppellantVersusTHE ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA – RespondentCRL.MC NO. 2038 OF 2024 | SC NO.1 OF 2023

Withdrawal of a Criminal Miscellaneous Case preserves the petitioner's right to contest in further proceedings.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SANTHOSH EAPEN – Appellant
Versus
THE ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA – Respondent
CRL.MC NO. 2038 OF 2024 | SC NO.1 OF 2023