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2026 Supreme(Online)(Ker) 59545
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Mahesh – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 2087 OF 2026
Advocates:
For the Appellants/Petitioners: Rones V. Anil
For the Respondents: Rohit S., Devadas H Mallan
For the Appellants/Petitioners: Rones V. Anil
For the Respondents: Rohit S., Devadas H Mallan
The court permitted the withdrawal of the petition with liberty to file a fresh petition on the same cause of action due to material defects in the original filing.
Headnote:(A) Criminal Procedure - Withdrawal of Petition - Liberty to file fresh petition - Petition dismissed as withdrawn with liberty to file a fresh petition on the same cause of action due to material defects in the current petition.
Issues: Whether the petitioners can withdraw the petition with liberty to file a fresh one.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The learned counsel appearing for the petitioners seeks liberty to withdraw this petition, but without prejudice to the right of the petitioners to file a fresh Crl.M.C on the same cause of action, in view of the material defects that have been crept in this petition.
Recording the above submission, this Crl.M.C is dismissed as withdrawn, but by reserving the right of the petitioners to file a fresh Crl.M.C on the same cause of action.
