O R D E R

This unnumbered Crl.L.P. has been filed challenging the verdict in C.C.No.141/2019 dated 26.04.2025 on the files of the Judicial First Class Magistrate Court-III, Kottarakkara.

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 proviso to Section 413 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

3. Hence, this leave petition and the appeal thereof are returned with liberty to file appeal before the Sessions Court concerned.

4. It is made clear that the period during which this Criminal Leave Petition has been pending before this Court, i.e., from 21.01.2026 to till date, shall be excluded while calculating the period of limitation for filing appeal Sd/-

A. BADHARUDEEN JUDGE