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2026 Supreme(Online)(Ker) 11758

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
T.K.MOHAMMEDD NAFEER – Appellant
Versus
THE STATE OF KERALA – Respondent
CRL.MC NO. 1077 OF 2020 | CRIME NO.379/2016 | CC NO.1069 OF 2017



Advocates:
For the Appellants/Petitioners: SHRI.T.P.SAJID
For the Respondents: SRI RENJIT GEORGE, SR. PUBLIC PROSECUTOR

Withdrawal of a criminal miscellaneous case allows for future challenges in the Trial Court without prejudice, especially considering the age of a party.

Headnote:The petitioners sought permission to withdraw the criminal miscellaneous case while preserving the right to challenge in the Trial Court due to the second petitioner's advanced age, necessitating swift disposal of the case. The Court permitted the withdrawal and directed the Trial Court to expedite proceedings while easing personal appearance requirements for the second petitioner. "The Crl.M.C. is closed as withdrawn."

O R D E R

The learned counsel for the petitioners sought permission to withdraw the Crl.M.C., leaving open the option to raise all challenges before the Trial Court. It is further submitted that the second petitioner is an age old person, and that the speedy disposal of the case is highly necessary, since it would be difficult for the second petitioner to appear before the Trial Court for prolonged period in his old age.

In the light of the aforesaid submission of the learned counsel for the petitioners, the Crl.M.C. is closed as withdrawn. The Judicial First Class Magistrate Court-I, Kannur, shall dispose of C.C.No.1069/2017 as expeditiously as possible. It is further directed that the personal appearance of the second petitioner shall not be insisted, except for those occasions where his presence is inevitable for the further progress of the trial.

(Sd/-)

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