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2026 Supreme(Online)(Ker) 11839

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
BRIJESH N.B. – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 4963 OF 2019 | CRL.MC NO. 4867 OF 2019



Advocates:
For the Appellants/Petitioners: SHRI.NIRMAL.S, SMT.VEENA HARI
For the Respondents: SRI.RENJIT GEORGE, SR.PP, SRI.SREELAL N WARRIER, SPL.PP. (CBI)

A petitioner retains the right to challenge any future Final Report by investigative authorities despite withdrawing existing motions.

Headnote:This case revolves around the withdrawal of two Criminal Miscellaneous Cases filed by the petitioner. The petitioner sought to withdraw these cases while reserving the right to challenge any Final Report by investigating authorities. The Court granted permission for withdrawal and closed the cases accordingly. The principal issue was the procedural right of the petitioner concerning the Final Report under investigation.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TH THURSDAY, THE 19 DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947 CRL.MC NO. 4963 OF 2019 CRIME NO.1425/2018 OF Kareelakulangara Police Station, Alappuzha AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.4733 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS- I, HARIPAD PETITIONER/1st ACCUSED:

BRIJESH N.B, AGED 38 YEARS S/O. N.BALKRISHNAN,ANJALI 23/1202,BYPASS ROD, THIRUVANANNUR P.O., CALICUT-673 029 BY ADVS.

SHRI.NIRMAL.S SMT.VEENA HARI RESPONDENT/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, (CRIME NO.1425/2018 OF ARIYILAKULANGARA POLICE STATION, ALAPPUZHA DISTRICT)

2 BABU.K., AGED 52 YEARS S/O. KRISHNAN, REVATHI, THULAMPARAMBU SOUTH, HARIPPAD P.O., ALAPPUZHA DISTRICT-690 514 SRI.RENJIT GEORGE, SR.PP SRI.SREELAL N WARRIER, SPL.PP. (CBI)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

19.02.2026, ALONG WITH Crl.MC.4867/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TH THURSDAY, THE 19 DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947 CRL.MC NO. 4867 OF 2019 CRIME NO.1373/2018 OF Kareelakulangara Police Station, Alappuzha PETITIONER/1ST ACCUSED:

BRIJESH N.B., AGED 38 YEARS S/O. N. BALAKRISHNAN, ANJALI, 23/1202, BYPASS ROAD, THIRUVANNUR P.O, CALICUT 673 029 BY ADVS.

SHRI.NIRMAL.S SMT.VEENA HARI RESPONDENT/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 (CRIME NO. 1373/2018 OF KARIYILAKULANGARA POLICE STATION, ALAPPUZHA DISTRICT)

2 SALIM SHAH O.K, AGED 45 YEARS S/O. UMMAR KUNJU, KOKKATTU THARAYIL VEEDU, PALLIPPATTU MURI, THRIKKUNNAPPUZHA P.O, ALAPPUZHA DISTRICT 690 515

3 DEPUTY SUPERINTENDENT OF POLICE, ECONOMIC WING, CRIME BRANCH, KOLLAM (CRIME NO.

190/CR/EOWKLM/2017) 691 001 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

19.02.2026, ALONG WITH Crl.MC.4963/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The learned counsel for the petitioner in these Crl.M.Cs sought permission to withdraw these Crl.M.Cs, leaving open the right of the petitioner to challenge the Final Report, if any, filed by the Kerala Police or any other investigating agency, in connection with the crime involved in this case.

Permission granted.

Crl.M.Cs. are closed as withdrawn.

sd/

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