Shibi vs State of Kerala

SHIBI vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 21, 2022

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https://sooperkanoon.com/case/1440087

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Citation: sooperkanoon.com/1440087
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Oct 21, 2022
Case Number: Crl.MC/36/2021

Parties & Advocates

Appellant / Petitioner

SHIBI

Respondent

State of Kerala

Excerpt

.....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.2. the prosecution case is that, on 25/08/2016at 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.3. when this crl.m.c came up for considerationbefore 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 : 3 : 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. after considering the facts and circumstances of 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. of production of copy of this order. sd/- ziyad rahman a.a. judge anm : 4 : appendix of crl.mc 36/2021 petitioner annexures annexure a certified copy of the final report in crime no. 1032/2016 of thumba police station annexure b affidavit exe3cuted by the 2nd respondent/cw1 annexure c photocopy of the order dated 18-01-2018 in crl.m.c no. 145/2018 of this honourable court.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944 CRL.MC NO. 36 OF 2021 AGAINST THE ORDER/JUDGMENT CC 935/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V, TVM (SPECIAL COURT-MARKLIST CASES) PETITIONER/A1: SHIBI AGED 30 YEARS S/O. BHUVANACHANDRAN, MURIYANVILAKATHU HOUSE, NEAR ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT BY ADV SHAJIN S.HAMEED RESPONDENTS/STATE & CW1:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN 682 031 2 RAJEEV AGED 35 YEARS S/O. PUSHPAN, MUNDICHANVILAKOM HOUSE, NEAR ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT PIN CODE 695 008 BY ADV ANUSHMA M.KHAN ADV M P PRASHANTH- PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: : 2 :

ORDER

Dated this the 21st day of October, 2022 The petitioner is the accused in Crime No. 1032 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.

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.

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 : 3 : 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. After considering the facts and circumstances of 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. of production of copy of this order. Sd/- ZIYAD RAHMAN A.A. JUDGE anm : 4 : APPENDIX OF CRL.MC 36/2021 PETITIONER ANNEXURES ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1032/2016 OF THUMBA POLICE STATION ANNEXURE B AFFIDAVIT EXE3CUTED BY THE 2ND RESPONDENT/CW1 ANNEXURE C PHOTOCOPY OF THE ORDER DATED 18-01-2018 IN CRL.M.C NO. 145/2018 OF THIS HONOURABLE COURT.

Same Court & Year Kerala · 2022 Same Parties SHIBI vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.