Disposed

Shibi v. State of Kerala

Kerala HC21 Oct 2022Crl.MC/36/2021

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous Case filed by Shibi seeking quashing of proceedings under Sections 294(b), 341, and 323 read with Section 34 IPC, the Court was directed by counsel to primarily expedite the trial. After considering the Magistrate's report that the trial could be completed within six months, the Court disposed of the matter by directing the Thiruvananthapuram court to complete the tr

What did the court decide?

Direction to the Judicial First Class Magistrate Court V, Thiruvananthapuram to dispose of C.C. No. 935/2017 within six months.

Shibi Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

¶4

FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944

¶5

CRL.MC NO. 36 OF 2021

¶6

AGAINST THE ORDER/JUDGMENT CC 935/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -V, TVM (SPECIAL COURT-MARKLIST CASES)

¶7

PETITIONER/A1:

¶8

SHIBI

¶9

AGED 30 YEARS

¶10

S/O. BHUVANACHANDRAN, MURIYANVILAKATHU HOUSE, NEAR
KOLATHUKARA TEMPLE, KULATHOOR, POWNDUKADAVU WARD,
ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT
BY ADV SHAJIN S.HAMEED

¶11

RESPONDENTS/STATE & CW1:

¶12

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN 682 031

¶13

2 RAJEEV

¶14

AGED 35 YEARS
S/O. PUSHPAN, MUNDICHANVILAKOM HOUSE, NEAR
KOLATHUKARA TEMPLE, KULATHOOR, POWNDUKADAVU WARD,
ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT PIN
CODE 695 008

¶15

BY ADV ANUSHMA M.KHAN

¶16

ADV M P PRASHANTH- PP

¶17

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

¶18

21.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

Crl.M.C.No.36 of 2021

¶20

: 2 :

¶21

ORDER

¶22

Dated this the 21st day of October, 2022

¶23

The petitioner is the accused in Crime No. 1032

¶24

of 2016 of Thumba Police Station, which is now
pending as C.C.No. 935/2017 on the file of the
Judicial First Class Magistrate Court V,
Thiruvananthapuram. The offences alleged against
the petitioner are punishable under Sections 294
(b), 341, 323 r/w Section 34 of Indian Penal Code.

¶25

2. The prosecution case is that, on 25/08/2016
at 5.30 pm, the accused persons wrongfully
restrained the 2nd respondent/de facto complainant,
hurled obscene words, and assaulted him. Annexrue-A
is the final report submitted. This Crl.M.C is
filed for quashing all further proceedings pursuant
to Annexure-A.

¶26

3. When this Crl.M.C came up for consideration
before this Court on 06/10/2022, learned counsel for
the petitioner confined the relief for a direction
to the learned Magistrate to expedite the trial of

¶27

Crl.M.C.No.36 of 2021

¶28

: 3 :

¶29

the case and complete the same within a time fixed
by this Court. Accordingly, a report was called for
from the learned Magistrate as to the present status
of the case and the time required for completing the
trial of the same. In response to the same, a
report dated 15/10/2022 has been placed on record,
wherein, it is mentioned that the trial can be
completed within a period of six months.

¶30

After considering the facts and circumstances of

¶31

the case, I am of the view that, the period
specified by the learned Magistrate is reasonable.
In such circumstances, this Crl.M.C is disposed of
directing the Judicial First Class Magistrate Court
V, Thiruvananthapuram to dispose of C.C. No.
935/2017 within a period of six months from the date
of production of copy of this order.

¶32

Sd/-

¶33

ZIYAD RAHMAN A.A.
 JUDGE

¶34

anm

¶35

Crl.M.C.No.36 of 2021
: 4 :

¶36

APPENDIX OF CRL.MC 36/2021

¶37

PETITIONER ANNEXURES
ANNEXURE ACERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1032/2016 OF THUMBA POLICE
STATION
ANNEXURE BAFFIDAVIT EXE3CUTED BY THE 2ND
RESPONDENT/CW1
ANNEXURE CPHOTOCOPY OF THE ORDER DATED 18-01-2018
IN CRL.M.C NO. 145/2018 OF THIS
HONOURABLE COURT.

Shibi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shibi v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sigin Thomas, Vs State of Kerala

Kunjabdulla Vs State of Kerala

Jumaila Vs State of Kerala

Josy.O.a Vs State of Kerala

Gunasekharan Vs State of Kerala

Soumini Vs State of Kerala