A petition to quash criminal proceedings may be dismissed if the petitioner fails to comply with a court direction to surrender and obtain bail, though liberty may be reserved to file a fresh petition upon the petitioner's return to the jurisdiction.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Dated this the 22nd day of September, 2026

ORDER

This petition is filed to quash Annexure B final report and all further proceeding in LPC No. 54/2025 in C.C.No. 1669/2022 on the file of the Court of the Judicial First Class Magistrate, Taliparamba.

When this petition came up for consideration on 23.07.2026, this Court taking note of the fact that there is a non-bailable warrant issued against the petitioner and the case against him has been transferred to the Long Pending Register, and the principles laid down by the Hon’ble Supreme Court in Balmukund Singh Gautam V. State of Madhya Pradesh [2026 KHC 6125], directed the petitioner to surrender before the Trial Court within two week from the date of order and get himself enlarged on bail.

Today, when the petition was taken up for consideration, the learned counsel for the petitioner submits that petitioner was unable to comply with the interim order dated 23.07.2026, as he is abroad and there is no definite time period within which he will return to India.

Taking into consideration the above submission, this petition is dismissed, but by reserving the right of the petitioner to move a similar petition for an identical relief, after the petitioner returns back to India and get himself enlarged on bail. The Registry is directed to return the certified copy of the documents to the learned counsel for the petitioner in accordance with law.