X vs State of Kerala

Type Court Judgment Court Kerala Decided May 24, 2021

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https://sooperkanoon.com/case/1632210

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Citation: sooperkanoon.com/1632210
Court: Kerala High Court
Judge: Honourable Mr. Justice Sunil Thomas
Decided On: May 24, 2021
Case Number: OP(Crl.)/183/2021

Parties & Advocates

Appellant / Petitioner

Respondent

State of Kerala

Excerpt

.....she was sexually abused by the accused, while she was working as a staff in the hospital owned by the accused. according to her, crime was registered as 2385 of 2013 of palluruthy police station and final report was laid. pursuant to it, cognizance was taken and summons was issued to the accused in sc.no.35 of 2016. the matter is pending trial even now. the limited prayer sought by the petitioner is for a direction for an expeditious disposal of the above case.2. heard the learned counsel for the petitioner and the learned public prosecutor.3. the right of early disposal of the case especiallyof this nature is the prime concern of the society. having considered it, though the statistics of the cases pending before the i additional district and sessions court, ernakulam is not available and considering the fact that the sessions case is of the year 2016, i am inclined to dispose of the op(crl) itself, with a direction to the i addtional district and sessions court, ernakulam, totake up and dipose of sc.no.35 of 2016, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of thisjudgment.op(crl) is disposed of. sd/- sunil thomas, judge r.av appendix petitioner's/s exhibits exhibit p1 the copy of the final report in sc no. 35 of 2016 in the files of the hon'ble 1st additional district and sessions court, ernakulam. respondent's/s nil exhibits

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS MONDAY, THE 24TH DAY OF MAY 2021 / 3RD JYAISHTA, 1943 (IN CONNECTION WITH SC.NO.35 OF 2016 ON THE FILES OF THE HONOURABLE IST ADDITIONAL DISTRICT & SESSIONS COURT, ERNAKULAM) PETITIONER/S: XXX BY ADVS. K.R.VINOD SMT.M.S.LETHA KUM.K.S.SREEREKHA RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682 031 2 LOUIS GEORGE, AGED 74 YEARS S/O. LOUIS, H.NO 23/2801 OUR LADYS HOSPITAL, KACHERIPADY, PALLURUTHY, PIN 682 006 SR.PP SRI.C.N PRABHAKARAN THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGEMENT

The petitioner herein is the defacto complainant in SC.No.35 of 2016 of the I Additional District and

Sessions Court, Ernakulam. The allegation of the prosecution was that she was sexually abused by the accused, while she was working as a staff in the hospital owned by the accused. According to her, Crime was registered as 2385 of 2013 of Palluruthy Police Station and final report was laid. Pursuant to it, cognizance was taken and summons was issued to the accused in SC.No.35 of 2016. The matter is pending trial even now. The limited prayer sought by the petitioner is for a direction for an expeditious disposal of the above case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. The right of early disposal of the case especially

of this nature is the prime concern of the society. Having considered it, though the statistics of the cases pending before the I Additional District and Sessions Court, Ernakulam is not available and considering the fact that the Sessions Case is of the year 2016, I am inclined to dispose of the OP(Crl) itself, with a direction to the I Addtional District and Sessions Court, Ernakulam, to

take up and dipose of SC.NO.35 of 2016, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this

judgment.

OP(Crl) is disposed of. sd/- SUNIL THOMAS, JUDGE R.AV APPENDIX PETITIONER'S/S EXHIBITS EXHIBIT P1 THE COPY OF THE FINAL REPORT IN SC NO. 35 OF 2016 IN THE FILES OF THE HON'BLE 1ST ADDITIONAL DISTRICT AND SESSIONS COURT, ERNAKULAM. RESPONDENT'S/S NIL EXHIBITS

Same Court & Year Kerala · 2021 Same Parties X vs State of Kerala Same Judge Honourable Mr. Justice Sunil Thomas