Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 6936

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHIHABUDEEN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11019 OF 2025

Advocates:
For the Appellants/Petitioners: SMT.IPSITA OJAL, SHRI.MANAS P HAMEED, SMT.LAYA SIMON
For the Respondents: SHRI.HYDERALI N.K.

Withdrawal of Crl.M.C. permitted, allowing petitioners to re-file after obtaining necessary statement.

Headnote:Statute Analysis: The petitioners seek withdrawal of Crl.M.C. under the provisions relevant to criminal proceedings. Facts of the Case: The petitioners filed a Crl.M.C. concerning Crime No.90/2010 of Kalpakanchery Police Station, which was initiated under grievances against the lower court's decision.

Findings of Court:
The court granted permission to withdraw the Crl.M.C. while reserving petitioners' rights to re-file.

Issues: The core issue concerned the petitioners' request to withdraw the application.

Ratio Decidendi: The court reasoned that retaining the ability to file a fresh application is vital in ensuring justice, hence the dismissal without prejudice.

Result: This Crl.M.C. is dismissed as withdrawn.

C.S.DIAS, J.

---------------------------------------------

Crl.M.C. No. 11019 of 2025 ------------------------------------------------

Dated this the 30^th day of January, 2026 ORDER The learned Counsel for the petitioners seeks leave to withdraw this Crl.M.C., without prejudice to the right of the petitioners to file a fresh Crl.M.C. after getting the statement of the 3^rd respondent.

Recording the above submission and by reserving the right of the petitioners to file a fresh Crl.M.C. on the same cause of action, this Crl.M.C. is dismissed as withdrawn.

sd/-

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2026 Supreme(Online)(Ker) 6936

IN THE HIGH COURT OF KERALA AT ERNAKULAMC.S.DIAS, JSHIHABUDEEN – AppellantVersusSTATE OF KERALA – RespondentCRL.MC NO. 11019 OF 2025

Withdrawal of Crl.M.C. permitted, allowing petitioners to re-file after obtaining necessary statement.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHIHABUDEEN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11019 OF 2025