C.Jayachandran, J
1. The petitioner herein is the second accused in C.C.Nos.70/2016 and 71/2016 of the Special Court, Kozhikode. He seeks to set aside the Order
dated 13.09.2021 of the Special Court, Kozhikode, which dismissed a discharge petition filed under Section 239 Cr.P.C.
2. When this matter was taken up for consideration, learned counsel for the petitioner would submit that the petitioner intends to file a Crl.M.C before
this Court seeking quashment of the Final Report itself, for which reason, the instant Crl.R.P is not pressed. Learned counsel would seek the liberty to
be reserved to prefer the Crl.M.C.
3. In the circumstances, this Crl.R.P will stand dismissed as withdrawn, reserving the petitioner's liberty to file a fresh Crl.M.C, as per law. This Court
also notice that there is an interim order staying trial in C.C.Nos.70/2016 and 71/2016 before the Special Court, Kozhikode. In order to enable the
petitioner to file a Criminal Miscellaneous Case, there will be a further direction to keep C.C.Nos.70/2016 and 71/2016 in abeyance for a period of
three more weeks from today (21.11.2024).
