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2026 Supreme(Online)(Ker) 3469

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
SHAIJU P.M – Appellant
Versus
STATE OF KERALA – Respondent
CRL.L.P. NO. 473 OF 2025

Advocates:
For the Appellants/Petitioners: SRI.K.JAGADEESH, SMT.V.RENJU
For the Respondents: ADV. ANIMA .M, PUBLIC PROSECUTOR

The leave petition should be returned with liberty to file an appeal before the Sessions Court, and pendency will not affect limitation calculations.

Headnote:In this case, the High Court addressed the challenge to the verdict in S.T. No. 897/2019, emphasizing the provision under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court determined that the leave petition should be returned, allowing the petitioner to file an appeal before the Sessions Court. The judgement cites precedence from the Supreme Court and reaffirms the procedural adherence necessary for appeals, noting the exclusion of the petition's pendency period from limitation calculations.

Table of Content
1. challenge to s.t. no. 897/2019 verdict. (Para 1)
2. citing precedents for appeal process. (Para 2)

ORDER

Dated, this the 27th day of January, 2026 This Crl. L.P. has been filed challenging the verdict in S.T. No. 897/2019 dated 25.02.2025 on the files of the Judicial First Class Magistrate Court, Irinjalakuda.

2. In view of the judgment of the Hon'ble Supreme Court inCelestium Financial v. A. Gnanasekaran etc., reported in[2025 (4) KHC 189] , which was followed in the decision of this Court inSoumya 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 24.11.2025 to till date, shall be excluded from calculating the period of limitation for filing appeal before the Sessions Court concerned.

SD/-

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2026 Supreme(Online)(Ker) 3469

IN THE HIGH COURT OF KERALA AT ERNAKULAMA. BADHARUDEEN, JSHAIJU P.M – AppellantVersusSTATE OF KERALA – RespondentCRL.L.P. NO. 473 OF 2025

The leave petition should be returned with liberty to file an appeal before the Sessions Court, and pendency will not affect limitation calculations.

Cases Referred (2)

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
SHAIJU P.M – Appellant
Versus
STATE OF KERALA – Respondent
CRL.L.P. NO. 473 OF 2025