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2026 Supreme(Online)(Ker) 14003

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHIHAB C K – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1745 OF 2026 | CRIME NO.1655/2021



Advocates:
For the Appellants/Petitioners: SHRI.P.A.MUJEEB, SMT.RESHMA R., SMT.NEZRIN T. IBRAHIM
For the Respondents: SRI. M.P.PRASANTH

The dismissal of an application for discharge is revisable; inherent powers not exercised in light of alternate statutory remedies.

Headnote:This case involves a petition for discharge filed by the accused in C.C.No.55/2021, originating from Crime No.1655/2021, alleging offences under the Emigration Act and IPC. The dismissing order of discharge application by the Trial Court is revisable; thus, the petitioner retains the right to seek statutory remedies. Consequently, the Crl.M.C is dismissed, reserving the petitioner's rights.

Table of Content
1. accused in criminal case origin. (Para 1)
2. application for discharge dismissed. (Para 2)
3. rights reserved for alternative remedies. (Para 3)

O R D E R Dated this the 26th day of February, 2026 The petitioner is the accused in C.C.No.55/2021 on the file of the Court of the Chief Judicial Magistrate, Ernakulam ( Trial Court) which has originated from Crime No.1655/2021 registered by the Ernakulam Central Police Station, alleging the commission of the offences punishable under Sections 10 r/w Section 24 of the Emigration Act and Sections 406 and 420 r/w Section 34 of the Indian Penal Code .

2. On a perusal of the materials on record, it is seen that the petitioner had filed an application before the Trial Court seeking discharge. However, by Annexure A3 order, the said application has been dismissed.

3. Indisputably, an order dismissing an application for discharge is revisable.

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.M.C is dismissed, but by reserving the right of the petitioner to workout his remedies in accordance with law.

SD/-

C.S.DIAS, JUDGE

rmm 26/02/2026

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