The availability of an alternative statutory remedy precludes the exercise of inherent powers by the court.

ORDER

The petitioner is the 6th accused in C.C. No.

489/2018 on the file of the Court of the Judicial First Class Magistrate – I, Ponnani, which has arisen from Crime No. 328/2010 registered by the Changaramkulam Police Station, Malappuram, alleging commission of the offences punishable under Sections 468 , 471, and 120 (b) r/w Section 34 of the Indian Penal Code and Sections 4 (1A) r/w 22 (1) of the Mine Minerals (Development Regulation) Act.

2. A reading of the Criminal Miscellaneous case substantiates that the petitioner had filed C.M.P. No. 6141/2023 before the Trial Court for discharge. By Annexure A4 order, the Trial Court has partly dismissed the application, by rejecting the petitioner's prayer to discharge him from the offences under Sections 468 and 471 r/w Section 34 of the Indian Penal Code . The petitioner has filed this Crl.M.C to quash Annexure 1 FIR and Annexure 2 final report.

3. Indisputably, an order rejecting an application for discharge is revisable under the Bharatiya Nagarik Suraksha Sanhita , 2023.

4. In light of the alternative statutory remedy available for the petitioner, I am not inclined to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023. In the aforesaid circumstances, the Crl.M.C is dismissed, but by reserving the right of the petitioner to work out his statutory remedy in accordance with law.