XX XX XX XX vs State of Kerala

Type Court Judgment Court Kerala Decided May 20, 2024

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Citation: sooperkanoon.com/1314278
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: May 20, 2024
Case Number: Crl.MC/10123/2023

Parties & Advocates

Appellant / Petitioner

XX XX XX XX

Respondent

State of Kerala

Excerpt

.....2 xxxxx 3 xxxxx pp - m p prasanth this criminal misc. case having come up for admission on 20.05.2024, the court on the same day passed the following:orderdated this the 20th day of may, 2024 this criminal miscellaneous case has been filed under section 482 of the code of criminal procedure, 1973, to quash annexure a1 fir and annexure a2 final report in crime no.832/2021 of binanipuram police station, now pending as s.c. no.170/2022 on the files of the fast track special court, north paravur.2. heard the learned counsel for the petitioner as well as the learned public prosecutor, in detail. perused the records and the statements of the victim.3. though, quashment is sought on the ground thatas per annexures a3 and a4 statements given by the doctors, no injury found in the private parts of the minor aged three years, going by the entire materials along with other witness statements, the prosecution case is made out, prima facie, suggesting sexual assault against the minor victim, as submitted by the learned public prosecutor. therefore, this is not a fit case for quashment.4. however, it is submitted by the learned counselfor the petitioner that, the petitioner, who is a student has been roped into this crime and he is not in a position to continue his studies. therefore, there may be a direction to dispose of s.c. no.170/2022 on the files of the fast track special court, north paravur, at the earliest.5. as directed by this court, a report of the specialcourt, north paravur dated 16.04.2024 has been received, stating that the case could be disposed of within three months from getting fsl report and material objects. acting on the report, there shall be a direction to the special judge, north paravur, to expedite the fsl report and material objects, without much delay and dispose of the case, within a period of three months, on getting the report as submitted, without fail. sd/- a. badharudeen judge sk appendix of crl.mc 10123/2023petitioner annexures : annexure.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946 CRL.MC NO. 10123 OF 2023 CRIME NO.832/2021 OF BINANIPURAM POLICE STATION, ERNAKULAM IN SC NO.170 OF 2022 OF FAST TRACK SPECIAL COURT, NORTH PARAVUR PETITIONER/ACCUSED: XXXXX BY ADVS. SUNNY XAVIER C.P.PRETTY RESPONDENTS/STATE, DEFACTO COMPLAINANT AND CW3: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 XXXXX 3 XXXXX PP - M P PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 20th day of May, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A1 FIR and Annexure A2 Final Report in Crime No.832/2021 of Binanipuram Police Station, now pending as S.C. No.170/2022 on the files of the Fast Track Special Court, North Paravur.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor, in detail. Perused the records and the statements of the victim.

3. Though, quashment is sought on the ground that

as per Annexures A3 and A4 statements given by the doctors, no injury found in the private parts of the minor aged three years, going by the entire materials along with other witness statements, the prosecution case is made out, prima facie, suggesting sexual assault against the minor victim, as submitted by the learned Public Prosecutor. Therefore, this is not a fit case for quashment.

4. However, it is submitted by the learned counsel

for the petitioner that, the petitioner, who is a student has been roped into this crime and he is not in a position to continue his studies. Therefore, there may be a direction to dispose of S.C. No.170/2022 on the files of the Fast Track Special Court, North Paravur, at the earliest.

5. As directed by this Court, a report of the Special

Court, North Paravur dated 16.04.2024 has been received, stating that the case could be disposed of within three months from getting FSL report and material objects. Acting on the report, there shall be a direction to the Special Judge, North Paravur, to expedite the FSL report and material objects, without much delay and dispose of the case, within a period of three months, on getting the report as submitted, without fail. Sd/- A. BADHARUDEEN JUDGE SK APPENDIX OF CRL.MC 10123/2023

PETITIONER ANNEXURES : Annexure A1 THE CERTIFIED COPY OF THE FIR NO.832/2021 OF THE BINANIPURAM POLICE STATION DATED 17-11-2021 Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.832/2021 OF THE BINANIPURAM POLICE STATION DATED 15-01-2022 Annexure A3 THE PHOTO COPY OF THE STATEMENT OF THE MEDICAL OFFICER, TALUK HOSPITAL DATED 17-11-2021 Annexure A4 THE PHOTO COPY OF THE STATEMENT OF THE CHIEF MEDICAL OFFICER, GENERAL HOSPITAL DATED 18-11-2021 Annexure A5 THE COPY OF THE RESULT OF 12TH STANDARD EXAM CONDUCTED BY UP BOARD EXAM 2020

RESPONDENTS’ ANNEXURES : NIL

Same Court & Year Kerala · 2024 Same Parties XX XX XX XX vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen