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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
CRL.MC NO. 7820 OF 2025 | CRIME NO.293/2019



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

The court, affirming the revisable nature of dismissal for discharge applications, upheld procedural adherence under Section 528 of relevant statutes.

Headnote:The case involves a petition to quash proceedings in C.C No.618/2019 deriving from Crime no.293/2019. The petitioner sought discharge, which was denied by the Trial Court. The court noted the revisable nature of the dismissal. Consequently, the court dismissed the application while reserving the petitioner’s right to pursue statutory remedies as per law. The dismissal reflects the court's adherence to procedural norms under Section 528 of the BNSS.

Table of Content
1. filing to quash proceedings initiated from a specific crime (Para 1 , 2)
2. court's observation on revisability and inherent powers (Para 3)

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 REPORT NO.573/2019 DATED 25.05.2019 FILED BEFORE HONOURABLE JUDICIAL MAGISTRATE COURT-I KANNUR Annexure A4 THE TRUE COPY OF THE ORDER IN CMP 1800 OF

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