Dismissed

Shibu v. State of Kerala

Kerala HC16 Mar 2016Crl.MC/521/2016

Case brief

AI extract

What is this about?

Court dismissed a criminal miscellaneous petition. While acknowledging an alleged settlement with the injured, the bench deemed the court unable to accept such settlement given the seriousness of allegations and injuries, though noting the lower court could expedite disposal.

What did the court decide?

Criminal miscellaneous case dismissed. Court advised lower court to expedite disposal noting the settlement.

Shibu Vs State of Kerala — Cheque Dishonour | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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WEDNESDAY, THE 16TH DAY OF MARCH 2016/26TH PHALGUNA, 1937

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Crl.MC.No. 521 of 2016 ()

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CC 257/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. CRIME NO. 580/2011 OF KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA.

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PETITIONER/ACCUSED 1-3:

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1. SHIBU, AGED 35 YEARS,

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S/O.JOHN, PULIKKAMALA HOUSE,

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PULIKKAMALA, ANIKKADU, THIRUVALLA.

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2. SHINOY, AGED 33 YEARS,

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S/O.JOHN, PULIKKAMALA HOUSE,

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PULIKKAMALA, ANIKKADU, THIRUVALLA.

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3. SASI @ SASIDHARAN, AGED 54 YEARS, S/O KESAVANACHARY, BENGLAMKUNNEL HOUSE, PULIKKAMALA, ANIKKADU, THIRUVALLA.

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BY ADV. SRI.P.HARIDAS

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RESPONDENTS/STATE,COMPLAINANT & DEFACTO COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. SUB INSPECTOR OF POLICE,

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KEEZHVAIPUR THIRUVALLA-689101.

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3. P.K.GOPI, AGED 59, S/O.KUTTAPPAN,

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PULIKKAMALA HOUSE, PULIKKAMALA,

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ANIKKADU, THIRUVALLA, PATHANAMTHITTA-689101.

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R1 & R2 BY PUBLIC PROSECUTOR SMT.MAYA R3 BY ADV. SRI.R.V.SREEJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 521 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE-1 : TRUE COPY OF THE FIR & FINAL REPORT IN CRIME NO.580/2011 IN CC.257/2012 OF LEARNED MAGISTRATE,THIRUVALLA DATED 28.02.2012.

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RESPONDENT(S)' ANNEXURES:

//TRUE COPY//

P.S. TO JUDGE

mbr/

B. KEMAL PASHA, J.

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==================== Crl.M.C.No.521 of 2016 ==================== Dated this the 16^th day of March, 2016

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O R D E R

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The petitioners are the accused in C.C.No.257 of 2012 of the Judicial First Class Magistrate’s Court, Thiruvalla, for the offences under Sections 323 and 326 IPC read with Section 34 IPC.

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According to the petitioners, the matter has been amicably settled between the petitioners and the injured. An affidavit to that effect has also been filed as sworn in by the injured. Considering the seriousness of the allegations against the petitioners and the seriousness of the injuries, this Court is not in a position to accept and endorse the settlement arrived at between the parties. At the same time,

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the court below can take note of the settlement arrived at

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Crl.M.C.No.521 of 2016

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-: 2 :-

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between the parties and take the case out of turn, and dispose it of expeditiously.

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With the said observations, this Crl.M.C. is dismissed.

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Sd/-

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B. KEMAL PASHA, JUDGE.

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DSV/16/3/16

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// True Copy //

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P.A. To Judge

Shibu v. State of Kerala

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Shibu v. State of Kerala

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