Kerala High Court
Xxx vs State Of Kerala on 16 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
Crl.MC.No.356 OF 2021(D)
AGAINST THE ORDER/JUDGMENT IN SC 161/2019 OF FAST TRACK SPECIAL
COURT (FOR TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL
VIOLENCE AGAINST WOMAN AND CHILDREN)AT ALUVA
CRIME NO.610/2018 OF Palarivattom Police Station, Ernakulam
PETITIONER/DEFACTO COMPLAINANT:
XXX
AGED 24 YEARS
X
BY ADV. SRI.P.A.MUJEEB
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
PP AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
16.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Cr.M.C.No.356 OF 2021
2
ORDER
Dated this the 16th day of March 2021
The defacto complainant in Crime No.610/2018 of
Palarivattam Police Station pending before the Fast Track Special
Court (for trial of cases relating to Atrocities and Sexual Violence
Against Woman and Children) at Aluva has filed this petition
seeking a direction for speedy disposal of the case, now pending as
S.C.No.161/2019.
2. At the time of admission of this petition itself a report
has been called for from the court concerned regarding the time
required for disposal of the case as the petitioner is the victim in
the case and expeditious disposal of the case is expected by the
victim.
3. The learned Special Judge as per letter dated 01.03.2021
has reported that priority is given to old cases pending before that
court and in fact 46 cases of the year 2018 are pending for trial.
Still the learned Special Judge has expressed willingness to dispose
of this case within a period of five months from the date of the
report.
4. Having regard to the total pendency of the cases as well
Cr.M.C.No.356 OF 2021
the pendency of cases ripe for trial, I think that this case which is of
the year 2019 has to be given preference only after considering the
cases of 2018 and old cases pending for trial. Therefore, there is
justification for the learned Special Judge to seek five months time
for disposal of the case. Hence, the report of the learned Special
Judge, Fast Track Special Court, Aluva is accepted as such.
Therefore, the learned Special Judge shall dispose of
S.C.No.161/2019 pending before the Fast Track Special Court,
Aluva within a period of five months from the date of receipt of a
copy of this order.
This Crl.MC is disposed of accordingly.
Sd/-
SHIRCY V.
JUDGE
mpm
Cr.M.C.No.356 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR AND FIRST
INFORMATION STATEMENT IN CRIME
NO.610/2018 OF PALARIVATTOM POLICE
STATION, ERNAKULAM DISTRICT.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN SC
NO.169/2019 IN THE FILE OF FAST TRACK
SPECIAL COURT (FOR TRIAL OF CASES
RELATING TO ATROCITIES AND SEXUAL
VIOLENCE AGAINST WOMAN AND CHILDREN) AT
ALUVA.
