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2026 Supreme(Online)(Ker) 13777

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. A. BADHARUDEEN, J
SOBHANA BABU – Appellant
Versus
LEENA PRABHAKAR – Respondent
CRL.L.P. NO. 438 OF 2025 | ST NO.1838 OF 2021

Advocates:
For the Appellants/Petitioners: SHRI.MATHEWS K. NELLUVELY, SHRI.REJI MATHEW.M, SHRI.JOEL REJI MATHEW, SHRI.MATHEW VARGHESE
For the Respondents: SRI. RENJITH GEORGE, SENIOR PUBLIC PROSECUTOR

The leave petition is returned with permission to appeal in light of statutory provisions, ensuring the time of pendency is excluded from limitation.

Headnote:This leave petition challenges the decision in S.T. No. 1838/2021 dated 14.08.2025 from the Judicial First Class Magistrate Court, Piravom. The Court referred to the Supreme Court case in Celestium Financial v. A. Gnanasekaran, quoting the necessity of appealing to the Sessions Court as per Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the Crl. L.P. is returned, permitting the request to file an appeal, with the pendency period excluded from the limitation calculation.

Table of Content
1. leave petition filed against a lower court's decision. (Para 1)
2. court supports appeal rights under applicable provisions. (Para 2)

ORDER

Dated, this the 27th day of February, 2026 This Crl. L.P. has been filed challenging the verdict in S.T. No. 1838/2021 dated 14.08.2025 on the files of the Judicial First Class Magistrate Court, Piravom.

2. In view of the judgment of the Hon'ble Supreme Court in Celestium Financial v. A. Gnanasekaran etc., reported in [2025 (4) KHC 189] , which was followed in the decision of this Court in Soumya Gopal v. State of Kerala reported in [2026 KHC Online 24], this leave petition required to be returned to the leave petitioner with liberty to file appeal before the Sessions Court concerned, with aid of proviso to Section 413 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

Hence, this leave petition is returned with liberty to file appeal before the Sessions Court concerned. It is made clear that the period of pendency of this Crl.L.P., from 21.10.2025 to till date, shall be excluded from calculating the period of limitation for filing appeal before the Sessions Court concerned.

SD/-

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2026 Supreme(Online)(Ker) 13777

IN THE HIGH COURT OF KERALA AT ERNAKULAMMR. A. BADHARUDEEN, JSOBHANA BABU – AppellantVersusLEENA PRABHAKAR – RespondentCRL.L.P. NO. 438 OF 2025 | ST NO.1838 OF 2021

The leave petition is returned with permission to appeal in light of statutory provisions, ensuring the time of pendency is excluded from limitation.

Cases Referred (1)

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. A. BADHARUDEEN, J
SOBHANA BABU – Appellant
Versus
LEENA PRABHAKAR – Respondent
CRL.L.P. NO. 438 OF 2025 | ST NO.1838 OF 2021