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2026 Supreme(Online)(Ker) 4345

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SIYAVUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.A.MANZOOR ALI
For the Respondents: SR.PP. SMT. SEETHA S.

O R D E R Dated this the 28th day of January 2026 The Criminal Miscellaneous Case is filed, inter alia, to quash Annexure A7 order passed by the Court of the Judicial First Class Magistrate-II, Aluva in C.C.No.1720/2016, which has originated from Crime No.767/2016 registered by the Binanipuram Police Station, Ernakulam, dismissing the petitioner’s application for discharge.

2. Indisputably, an order dismissing an application for discharge, is a revisable order as it terminates the proceedings.

3. In light of the alternative statutory remedy available to the petitioner and on finding that there are no exceptional circumstances to entertain the Crl.M.C filed under Section 482 of the Code of Criminal Procedure , I dismiss the Crl.M.C, but by reserving the right of the petitioner to workout his statutory remedies in accordance with law. It would be upto the petitioner to seek the benefit of the pendency of the Crl.M.C.

before this Court since 15.11.2021 till today.

SD/-

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