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Judgment
R.Narayana Pisharadi, J
The prayer made in this application filed under Section 482 Cr.P.C is to quash Annexure-A1 charge-sheet against the petitioner and all proceedings
in the case C.C.No.23/2016 on the file of the Court of the Special Judge (CBI/SPE)-1, Ernakulam.
Learned counsel for the petitioner, in answer to a query made by this Court, submitted that the petitioner has not made any application for discharge
before the trial court. Learned counsel for the petitioner also submitted that, the stage of framing charge against the accused in the case, is not yet
over in the trial court.
In the above circumstances, when this Court pointed out that the limitations with regard to the exercise of jurisdiction under Section 482 Cr.P.C in
this case, learned counsel for the petitioner submitted that he may be permitted to withdraw the petition but he may be granted liberty to file an
application for discharge in the trial court. Learned counsel also prayed that a direction may also be given to the trial court to consider the discharge
application, if any, to be filed by the petitioner as expeditiously as possible.
Consequently, permission is granted to the petitioner to withdraw this petition. The petition is dismissed as withdrawn. The petitioner is at liberty to
file application for discharge in the trial court. If any such application is filed before the trial court by the petitioner, it shall be disposed of by that court,
as expeditiously as possible. The Crl.M.C is disposed of as above.