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2026 Supreme(Online)(Ker) 14265

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MIRSHAD.P – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 861 OF 2026 | CRIME NO.82/2025



Advocates:
For the Appellants/Petitioners: Sri.G.HARIHARAN, SRI.PRAVEEN.H, SMT.K.S.SMITHA, SRI.V.R.SANJEEV KUMAR, SMT.AFNA V.P, SRI.V.ROHITH
For the Respondents: SR.PP.SMT.SEETHA

The court allowed withdrawal of a case while permitting future applications for discharge by the petitioner.

Headnote:The applicant sought to withdraw the Criminal Miscellaneous Case but reserved the right to file for discharge before the jurisdictional court. The court deemed this request reasonable and dismissed the case as withdrawn yet allowed the applicant to present all arguments in the future. The trial court was directed to consider the discharge application if not yet framed. Final order rendered on 24.02.2026.

ORDER

The learned counsel appearing for the petitioner, after arguing for some time, seeks liberty to withdraw this Criminal Miscellaneous Case, but by reserving the right of the petitioner to file an application for discharge before the jurisdictional 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In the aforesaid circumstances, I dismiss the Crl.M.C as withdrawn, but by reserving the right of the petitioner to raise all his contentions before the jurisdictional Court, including filing an application for discharge, provided charges have not been framed till date. If such an application is filed, the Trial Court is directed to consider and dispose of the application for discharge in accordance with law.

Sd/-

Srs/24.02.2026 C.S.DIAS, JUDGE APPENDIX OF CRL.MC NO. 861 OF 2026 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE CRIME AND OCCURRENCE REPORT FILED BY THE 2ND RESPONDENT BEFORE THE JFCM COURT, SULTHAN BATHERY IN CONNECTION WITH CRIME NO.82/2025 OF SULTHAN BATHERY EXCISE RANGE ON

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