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Judgment
S. Manikumar, CJ
The petitioner has filed the instant writ petition as a Public Interest Litigation seeking the following relief:
A writ of mandamus or any other appropriate writ, order or direction declaring that there is no difference between a victim under the police case and a complainant as a victim in a private complaint under the eye of law in filing an appeal under the proviso to Section 372 of the Code of Criminal Procedure.
Mr. Biju Abraham, learned counsel for the petitioner, brought to our notice that Ext. P6 order dated 05.02.2022 in Crl. M.P. No. 67 of 2021 in Crl. Appeal No. 58 of 2020 on the files of the Sessions Court, Kalpetta and Ext. P7 judgment in Crl. Appeal No. 58 of 2020, have already been challenged by the writ petitioner under Article 482 of Cr.P.C by filing Crl. M.C. No. 3111 of 2022. Grounds of challenge made in the aforesaid case are similar to the one raised in the instant writ petition.
When this Court made a query as to whether filing of the instant writ petition styled as a Public Interest Litigation is maintainable, when the writ petitioner, as a person aggrieved has already filed Crl. M. C No. 3111 of 2022 and whether can there be a parallel proceedings on the same grounds, learned counsel for the petitioner seeks permission to withdraw the instant writ petition.
Placing on record the said submission, instant writ petition is dismissed as withdrawn. However, we make it clear that the dismissal of the writ petition will not affect the right of the writ petitioner to vindicate his grievances in Crl. M. C. No. 3111 of 2022 in accordance with law.