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2026 Supreme(Online)(Ker) 7221

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
NABEEL HAMZA – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1710 OF 2022 | CRIME NO.142/2017



Advocates:
For the Appellants/Petitioners: AJMAL V. A.
For the Respondents: C.S. HRITHWIK

Court allows the petitioner to approach the Trial Court for discharge if charges are not framed.

Headnote:The petitioner seeks to quash proceedings in S.C.No.210 of 2022 rooted in Crime No.142 of 2017. The Court notes no interim order was given for the Crl.M.C., and suggests the petitioner apply for discharge. The Trial Court must consider any discharge request per law.

O R D E R

The Criminal Miscellaneous Case is filed to quash all further proceedings in S.C.No.210 of 2022 before the Principal Sessions Court, Manjeri, which has originated from Crime No.142 of 2017 registered by the Edavanna Police Station, Malappuram.

Although the Crl.M.C. was filed on 10.03.2022, this Court has not admitted the Crl.M.C. and no interim order has been passed.

At this distance of time, I am of the definite view that it would be upto the petitioner to move the Trial Court and file an application for discharge, provided the charge has not been framed. If such an application is filed, the Trial Court is directed to consider and dispose of the same in accordance with law.

Sd/-

C.S.DIAS, JUDGE dkr APPENDIX OF CRL.MC NO. 1710 OF 2022 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.142 OF 2017 OF THE EDAVANNA POLICE STATION Annexure A2 TRUE COPY OF CHARGE SHEET REPORT IN CRIME NO.142/2017 OF THE EDAVANNA POLICE STATION.

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