A petitioner can seek permission to withdraw a motion to quash proceedings while reserving the right to apply for discharge if charges are unfounded.

ORDER

The criminal miscellaneous case is filed to quash Annexure III final report and all further proceedings in C.C.No.203/2023 on the file of the Court of the Chief Judicial Magistrate, Kottayam, (‘Trial Court’, in short), which has been originated from Crime No.507/2023 registered by the Kottayam East Police Station, Kottayam.

2. When the Crl.M.C was taken up for consideration, the learned counsel for the petitioner submits that the petitioner would be satisfied, if this Court permits the petitioner to file an application for discharge before the Trial Court and direct the Trial Court to consider the application in accordance with law. I find the above submission would be reasonable and justifiable.

In light of the above submission, the Crl.M.C is dismissed as withdrawn, but, by reserving the right of the petitioner to file an application for discharge before the Trial Court, provided the charge has not been framed till date.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 and as expeditiously as possible, untrammelled by the fact that the Crl.M.C was filed before this Court.

Sd/-

C.S.DIAS, JUDGE SCB/03.03.26.