Revisability of discharge orders; judicial discretion on entertaining applications.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 26^TH DAY OF MARCH 2026 / 5TH CHAITHRA, 1948 CRL.MC NO. 2282 OF 2026 CRIME NO.1961/2022 OF Kottayam West Police Station, Kottayam AGAINST THE ORDER DATED IN CRMP 908/2025 IN SC NO.17 OF

2023 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA PETITIONER/ACCUSED NO.3:

MAHADEVAN A.S AGED 25 YEARS ,S/O SIVADASAN, ARIKKATHIL HOUSE, MULAKULAM SOUTH P.O, MULAKULAM KARA, MULAKULAM VILLAGE. KOTTAYAM DISTRICT, PIN - 686001 BY ADV SHRI.DOMSON J.VATTAKUZHY RESPONDENT/RESPONDENT:

STATE OF KERALA REPRESENTED BY BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 SR.PP. SMT. SEETHA S.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

26.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R Dated this the 26^th day of March, 2026 The Criminal Miscellaneous Case is filed challenging Annexure A2 order dismissing the application filed by the petitioner for discharge.

2. Indisputably, an order dismissing an application for discharge is revisable.

3. In light of the statutory remedy available to the petitioner, I am not inclined to entertain the Crl.M.C. Hence, the Crl.M.C is dismissed, but without prejudice to the right of the petitioner to file a revision petition.

The Registry is directed to return the certified copies of the documents to the learned counsel for the petitioner, in accordance with law.

SD/-

C.S.DIAS, JUDGE