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2026 Supreme(Online)(Ker) 10511

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
N.G. AJITH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1419 OF 2026 | CRIME NO.629/2018 | C.C. NO.566 OF 2018



Advocates:
For the Appellants/Petitioners: SRI.R.DIVAKARAN, SRI.BINOI GEORGE (CHERUKARA), SHRI.ATHUL KIRAN D., SHRI.AJAY C. S.
For the Respondents: SRI.C.S.HRITHWIK, SR.PP

The availability of alternative statutory remedies limits the exercise of inherent powers by the court.

Headnote:The case concerns the quashing of FIR and proceedings against the petitioner for offences under IPC Sections 420 and 120B alongside Section 34. The petitioner requested discharge, which was denied. The Court noted the existence of a statutory remedy and declined to exercise inherent powers under the Bharatiya Nagarik Suraksha Sanhita, 2023. The primary issue was the availability of an alternative remedy. The Court affirmed that due to the alternative remedy, it dismissed the application.

O R D E R

Dated this the 17th day of February, 2026 The Criminal Miscellaneous case is filed to quash Annexure A2 First Information Report, Annexure A3 Final report and all further proceedings in C.C. No.566/2018 on the file of the Court of the Judicial First Class Magistrate, Kolenchery, which has been registered against the accused persons for allegedly committing the offences punishable under Sections 420 and 120B read with Section 34 of the Indian Penal Code.

2. I have heard the learned counsel for the petitioner and learned Senior Public Prosecutor.

3. On a perusal of the materials on record, it is seen that the petitioner had filed an application for discharge, which has been dismissed by Annexure A7 order by the learned Magistrate.

4. Undisputedly, an order dismissing an application for discharge is revisable.

5. In light of the alternative statutory remedy available to the petitioner, I am not inclined to exercise the inherent powers of this Court under Section

528 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

In the aforesaid circumstances, the Crl.MC is dismissed, but by reserving the right of the petitioner to work out his remedies in accordance with law.

Sd/-

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