1. Petition to quash final report and proceedings in sessions case after discharge application was dismissed. (Para 1 , 2 )
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2026 Supreme(Online)(Ker) 62049
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Vinesh M – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7889 OF 2026
Advocates:
For the Appellants/Petitioners: E.C. Bineesh, Eldhose Joy
For the Respondents: Muralikrishnan M S
For the Appellants/Petitioners: E.C. Bineesh, Eldhose Joy
For the Respondents: Muralikrishnan M S
The court will not exercise its inherent powers to quash proceedings if an alternative statutory remedy, such as a revision against the dismissal of a discharge application, is available to the party.
Headnote:(A) Inherent Powers - Alternative Remedy - Exercise of inherent powers to quash proceedings is not warranted when a statutory remedy, such as a revision against an order dismissing a discharge application, is available to the petitioner. (Para 2, 3)
Issues: Whether the petition to quash proceedings should be entertained given the availability of a statutory remedy against the order dismissing the discharge application.
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2. Order dismissing discharge application is revisable; alternative statutory remedy exists. (Para 2 , 3 )
3. Court declined to exercise inherent powers under Section 528, BNSS, when an alternative statutory remedy for revision is available. (Para 3 )
4. Is a petition under the inherent powers of the court maintainable when an alternative statutory remedy for revision is available?
No. The court declined to exercise inherent powers under Section 528 of the BNSS when an order dismissing a discharge application is revisable, as an alternative remedy exists. (Para 2 , 3 )
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
O R D E R
This petition is filed to quash Annexure A2 final report and all further proceedings in S.C. No. 322/2021 on the file of the Additional Sessions Court-IV, Thalassery.
2. On a perusal of the materials on record, it is seen that the petitioner’s application for discharge was dismissed by the above court by Annexure A5 order. Indisputably, an order dismissing an application for discharge is revisable.
3. In light of the alternative statutory remedy available to the petitioners, I am not inclined to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Resultantly, this petition is dismissed, but by reserving the right of the petitioner to work out their statutory remedies, in accordance with law.
