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2026 Supreme(Online)(Ker) 14290

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MAHESH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BONNY BENNY, SRI.SANIL JOSE, SHRI.AMALJITH
For the Respondents: SR.PP.SRI.C.S.HRITHWIK

ORDER

The Criminal Miscellaneous Case is filed to quash all further proceedings in C.C No.618/2019, on the file of the Court of Judicial First Class Magistrate – I, Kannur, which has originated from Crime no. 293/2019 registered by the Kannur Town Police Station.

2. Indisputably, the petitioner had filed an application before the Trial Court seeking discharge. By Annexure A4 order, the said application has been dismissed by the Trial Court.

3. 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 BNSS . In the aforesaid circumstances, the Crl.M.C is dismissed but by reserving a right of the petitioner to work out his statutory remedies in accordance with law.

Sd/-

Srs/24.02.2026 C.S.DIAS, JUDGE APPENDIX OF CRL.MC NO. 7820 OF 2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR NO.293/2019 OF KANNUR TOWN POLICE STATION, KANNUR DATED

08.03.2019 Annexure A2 THE FIR IS FILED BASED ON A PRIVATE COMPLAINT AND THE SAME IS REGISTERED BASED ON THAT SO THE PRIVATE COMPLAINT Annexure A3 THE TRUE COPY OF THE FINAL REPO

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