The court allows return of a leave petition granting liberty to appeal in light of relevant case law, excluding prior pendency from limitation calculations.

ORDER

Dated, this the 27th day of January, 2026 This Crl. L.P. has been filed challenging the verdict in C.C. No. 11/2023 dated 28.04.2025 on the files of the Judicial First Class Magistrate Court - III, Muvattupuzha.

2. In view of the judgment of the Hon'ble Supreme Court in Celestium Financial v. A. Gnanasekaran etc., reported in [2025 (4) KHC 189] , which was followed in the decision of this Court in Soumya Gopal v. State of Kerala reported in [2026 KHC Online 24], this leave petition required to be returned to the leave petitioner with liberty to file appeal before the Sessions Court concerned, with aid of proviso to Section 413 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

Hence, this leave petition is returned with liberty to file appeal before the Sessions Court concerned. It is made clear that the period of pendency of this Crl.L.P., from 19.01.2026 to till date, shall be excluded from calculating the period of limitation for filing appeal before the Sessions Court concerned.

SD/-