Dismissed

Athira v. the State of Kerala

Kerala HC9 Aug 2012Crl.MC/1964/2012

Case brief

AI extract

What is this about?

In an offence under IPC 366 and 376, petitioners alleged settlement and marriage. The Court held Section 482 CrPC inapplicable. It directed the Assistant Sessions Judge to grant top priority for trial and early disposal.

What did the court decide?

The petition to utilize inherent jurisdiction was dismissed. An order was passed directing the Assistant Sessions Judge to give top priority for trial and early disposal.

Athira Vs the State of Kerala — Kerala HC (2012) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN

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THURSDAY, THE 9TH DAY OF AUGUST 2012/18TH SRAVANA 1934

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Crl.MC.No. 1964 of 2012 (A)

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-------------------------CRIME .NO. 173/2009/ IN SC.1059/2010 of ASSISTANT SESSIONS COURT, NEDUMANGAD

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PETITIONER(S)/WITNESSES/ACCUSED:

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1. ATHIRA, D/O VALSALAKUMARI, DIVYA BHAVAN, NALANKALLU, PARANDODE, THOLIKKODE VILLAGE.

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2. SASIDHARAN, S/O KRISHNAN NADAR, OF DO.DO.

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3. VINOD, , AGED 25 YEARS, S/O WILSON, RESIDING AT THANKAM BHAVAN, THALLACHIRA ATTINKOODU, KOTTAKKAKOM, VITHURA VILLAGE.

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BY ADVS.SRI.SASTHAMANGALAM S. AJITHKUMAR SMT.A.NEENA JOSE SRI.V.S.THOSHIN

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RESPONDENT/COMPLAINANT:

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THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HGIGH COURT OF KERALA, ERNAKULAM -682 031.

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BY PUBLIC PROSECUTOR SMT R REMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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LSN

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Crl.MC.No. 1964 of 2012 (A)

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APPENDIX

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PETITIONER(S) EXHIBITS

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ANNEXURE A: THE TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE LATIN DIOCESE, NEYYATTINKARA DATED 17.2.2012.

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ANNEXURE B: THE TRUE COPY OF THE MARRIAGE REGISTRATION CERTIFICATE DATED 7.2.2012 ISSUED BY THE SECRETARY, THOLICODE GRAMA PANCHAYAT.

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ANNEXURE C: THE CERTIFIED COPYOF THE FINAL REPORT IN CRIME NO.173/2009 OF THE ARYANADU POLICE STATION PENDING BEFORE THE ASSISTANT SESSIONS JUDGE, NEDUMANGAD AS S.C. 1059 OF 2010.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

LSN

S.S.SATHEESACHANDRAN, J.

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----------------------------------------------Crl.M.C No.1964 OF 2012

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------------------------------------------------------Dated this the 9^th day of August, 2012

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ORDER

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The accused in a case (third petitioner) involving offences punishable under Sections 366 and 376 of Indian Penal Code, with the victim(first petitioner) and her father (second petitioner) seeks compensation of the offences setting forth a case that the parties have settled the matter, and the third petitioner has married the victim and they are now living together. Victim, at the time when the offences were allegedly committed was hardly sixteen years, and the investigation of the crime has led to the indictment of the petitioner/first accused for the offences stated supra in the report filed before the competent Magistrate under Section 173(2) of the Code of Criminal Procedure, for short, 'the Code'. Cognizance taken of the offences on such report, and after committal, the case now awaits trial numbered as S.C No.1059 of 2010 before the Assistant Sessions Judge, Nedumangad. Having regard to the gravity of the offences imputed against accused (third petitioner) and also the rigours placed under Section 320 of the

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Crl.M.C No.1964/2012

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Code, specifying the offences compoundable with or without the permission of the court, I find, exercise of the inherent jurisdiction of this court under Section 482 of the Code cannot be resorted to in the present case. At this stage, learned counsel for the petitioner requested for an expeditious trial and disposal of the case, stating that all formalities to proceed with the trial are over. If that be so, the Assistant Sessions Judge shall give top priority for trial and its disposal at an early date. Petition is dismissed.

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S.S.SATHEESACHANDRAN, JUDGE

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vdv

Athira v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Athira v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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