IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHIJU MATHEW – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 3735 OF 2021 | CRIME NO.1057/2015
| Table of Content |
|---|
| 1. petitioner seeks to quash criminal proceedings. (Para 1 , 2 , 3) |
| 2. discussion on petitioner's failed applications for discharge. (Para 4) |
| 3. court affirms necessity for trial expediency. (Para 5 , 6) |
O R D E R
The Criminal Miscellaneous Case is filed to quash Annexure-1 FIR, Annexure-2 final report and all further proceedings in C.C.No.64 of 2017 on the file of the Court of the Judicial Magistrate of First Class, Thrippunithura ('Trial Court', in short), which has originated from Crime No.1057 of 2015 registered by the Hill Palace Police Station, Ernakulam.
2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. On a perusal of the materials on record, it is seen that the petitioner had filed an application for discharge before the Trial Court, which was dismissed by Annexure-3 order. Subsequently, he filed Crl.M.C.No1279 of 2018 to quash the proceedings. However, by Annexure-4 order dated 12.04.2018, this Court dismissed the Crl.M.C., but by reserving the right of the petitioner to challenge Annexure- 3 order, dismissing his application for discharge.
4. The learned counsel for the petitioner submits that, in compliance with Annexure-4 order, the petitioner filed Crl.R.P.No.98 of 2018 before the Court of the Additional Sessions Judge-VI, Ernakulam ('Revisional Court', in short). Nevertheless, by Annexure-5 order, the said revision petition was dismissed, confirming Annexure-
3 order.
5. Taking into consideration the fact that the petitioner's application for discharge has already been dismissed by the Trial Court and confirmed by the Revisional Court, and this Court has already dismissed the petitioner's prayer to quash the proceedings, I am not inclined to again exercise the inherent powers of this Court under Section 482 of the Code of Criminal Procedure . Nonetheless, when the Crl.M.C. came up for consideration, this Court had called for a report from the Trial Court to ascertain the status and the reasonable time period required to dispose of C.C.No.64 of 2017.
6. By communication dated 15.01.2026, the Trial Court has informed this Court that summons have been issued to CWs.1 to 3 and the case stands posted to 02.02.2026 for trial. The Trial Court will dispose of the case within 10 months.
Taking into consideration the above report, I dismiss this Crl.M.C., but by directing the Trial Court to consider and dispose of C.C.No.64 of 2017, in accordance with law and as expeditiously as possible, at any rate, within 10 months from 15.01.2026.
Sd/-
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