A petitioner can withdraw a motion but retains the right to file for discharge if conditions are met.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 26^TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947 CRL.MC NO. 11676 OF 2025 CRIME NO.268/2022 OF Chalissery Police Station, Palakkad AGAINST THE ORDER/JUDGMENT DATED IN CC NO.734 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI PETITIONER/S:

JAYARAJAN A.V @ JAYAN AGED 63 YEARS S/O.VELAPPAN, ALATT VEEDU, GURUVAYUR WEST, CHAVAKKAD, THRISSUR DISTRICT., PIN - 680101 BY ADV SRI.R.B.BALACHANDRAN RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 BEENA SUNDARAN AGED 47 YEARS W/O SUNDARAN, VALIYAVALAPPIL HOUSE, CHALISSERY, PALAKKAD,, PIN - 679536 PP SRI.M.P.PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

26.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.S.DIAS, J.

--------------------------------------------- Crl.M.C. No. 11676 OF 2025 -----------------------------------------------

Dated this the 26^th day of February, 2026 ORDER The learned counsel for the petitioner after arguing for sometime, seeks liberty to withdraw the Crl.M.C., by reserving 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In the aforesaid circumstances, I dismiss the Crl.M.C. as withdrawn, but by reserving the right of the petitioner to file an application for discharge, provided the charge has not been framed till date. If such application is filed, the Trial Court is directed to consider and dispose the application, in accordance with law.

sd/-

C.S.DIAS, JUDGE rkc APPENDIX OF CRL.MC NO. 11676 OF 2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT LAID DOWN AS C.C.NO.734/2022 BEFORE THE JUDICIAL