The appellant may withdraw the appeal but retains the right to challenge the final report in accordance with law.

Raja Vijayaraghavan V, J.

This appeal is preferred challenging the judgment dated 11.06.2025 in WP(Crl.) No. 767 of 2022 passed by the learned Single Judge of this Court.

2. It is seen that in the said Writ Petition, filed under Article 226 of the Constitution of India, challenge was raised against Ext. P1 Crime and Occurrence Report in O.R. No. 3 of 2022 on the file of the Excise Range Office, Cherpulassery, Palakkad District.

3. When the matter was taken up for consideration, the learned counsel appearing for the appellant submitted that he has received instructions to the effect that the final report has already been filed and, in view of the said development, sought permission of this Court to withdraw the present Writ Appeal. The learned counsel also requested that liberty be granted to the appellant to challenge the final report in accordance with law.

4. The learned Public Prosecutor submitted that, in the judgment rendered by the learned Single Judge, it was specifically observed that the investigation against the petitioner had already been completed and that the delay in filing the final report was only on account of the pendency of an interim order passed by this Court. It is further submitted that the learned Single Judge had granted liberty to the investigating officer to submit the final report before the jurisdictional court and that, in pursuance thereof, the final report has since been laid.

5. Having considered the rival submissions and taking note of the statement made by the learned counsel for the appellant that the appellant intends to challenge the final report, if so advised, we are of the view that the request for withdrawal deserves to be allowed.

Reserving the liberty of the appellant to challenge the final report, if he is so advised, this Writ Appeal is dismissed as withdrawn.

Sd/-