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2026 Supreme(Online)(Ker) 12488

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MUHAMMED MUHSEEN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1249 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.K.ANAND, SRI.MATHEWS RAJU, SHRI.R.K.JAYALAKSHMI
For the Respondents: SR.PP.SRI.C.S.HRITHWIK

A petitioner may withdraw a criminal application but retains the right to seek discharge in the Trial Court, subject to procedural compliance.

Headnote:The Court examined the application for withdrawal of the Criminal Miscellaneous Case filed under CRL.M.C. No. 1249 of 2026, highlighting the petitioner’s right to apply for discharge before the Trial Court. It was determined that dismissal as withdrawn would not impede the petitioner's rights, based on the principle of reasonable request for withdrawal. The court directed that if a discharge application is filed, it should be handled expediently by the Trial Court, emphasizing adherence to established legal protocols and due process.

ORDER

The learned counsel appearing for the petitioner, after arguing some time, seeks liberty to withdraw this Crl.M.C., but without prejudice to the right of the petitioner to file an application for discharge before the Trial Court. I find the above submission to be reasonable and justifiable.

In the aforesaid circumstances, this Crl.M.C. is dismissed as withdrawn, but without prejudice to the right of the petitioner to file an application for discharge before the Trial Court, provided the charge has not been framed till date. If such an application is filed, the Trial Court is directed to consider and dispose of the application in accordance with the law and as expeditiously as possible.

Sd/-

C.S.DIAS, JUDGE

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