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2026 Supreme(Online)(Ker) 5855

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ASHARAF A.A – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11502 OF 2025 | CC NO.39 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.MANU TOM, SHRI.SHAJI T.M., SHRI.BALAMURALI K.P., SHRI.RENIL IQUBAL K., SHRI.AMAL C. PETER
For the Respondents: SR.PP.SMT.SEETHA

The right to withdraw a petition while retaining the ability to file for discharge and exemption is upheld.

Headnote:The petitioner seeks to quash FIR and proceedings in C.C. No.39 of 2025, related to offences under Sections 281 and 106 of the Bharatiya Nyaya Sanhita. The court finds the request reasonable, allowing withdrawal while preserving the right to file for discharge and exemption. The trial court must expedite consideration of such applications.

Table of Content
1. the petitioner is an accused seeking to quash proceedings in court. (Para 1 , 2)
2. the court allows withdrawal while preserving legal rights for future applications. (Para 3)

ORDER

The petitioner is an accused in C.C. No.39 of

2025 on the file of the Judicial First Class Magistrate Court- III, North Paravur, which has originated from Crime No.653 of 2024 registered by the Puthenvelikkara Police Station for allegedly committing the offences punishable under Sections 281 and 106 of the Bharatiya Nyaya Sanhita . 2. The petitioner has filed the Crl.M.C. to quash Annexure 1 FIR, Annexure 2 final report and all further proceedings in C.C. No.39 of 2025.

3. The learned Counsel for the petitioner, after arguing for sometime, seeks liberty to withdraw this Crl.M.C, without prejudice to the right of the petitioner to file applications for discharge and permanent exemption before the trial court. I find the above submission to be reasonable and justifiable.

Resultantly, this Crl.M.C. is dismissed as withdrawn, but by reserving the right of the petitioner to file an application for discharge and an application for permanent exemption. If such applications are filed, the trial court is directed to consider and dispose of the applications, in accordance with law and as expeditiously as possible.

Sd/-

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