The petitioner herein is the defacto complainant in Annexure-A1 FIR in Crime No.503/2011 of Kathirur Police Station registered for offences under Sections 493, 494, 495, 376 & 420 IPC. The police after investigation submitted Final Report/Charge Sheet in the above said crime which has led to the institution of S.C.No.371/2013 on the file of the Additional Sessions Court-I, Thalassery. The sole accused in the instant case is the 2nd respondent. The prosecution case is that the 2nd respondent, by suppressing an existing prior marriage, got the consent of the petitioner for marriage with the 2nd respondent and believing that the 2nd respondent is an unmarried man, the petitioner has solemnised her marriage with the 2nd respondent on 13.3.1996 and thereafter the 2nd respondent represented that he is legally married to the petitioner and on the basis of such false representation that the 2nd respondent got the consent of the petitioner for sexual intercourse, that having sexual intercourse by obtaining consent through fraudulent and illegal means is a criminal offence as per the definition of rape as engrafted in the IPC, that the 2nd respondent was in fact married to one Smt.Chandni much prior to 13.3.1996 and that the marriage was subsisting when the 2nd respondent married the petitioner and that after the submission of the Final Report/Charge Sheet in the aforementioned Crime, cognizance of the offence was taken, that the 2nd respondent entered appearance before the Additional Sessions Court-I, Thalassery and the charge against the 2nd respondent is yet to be framed by the court and now the case is posted for hearing and that the trial of the case is not started so far, it is averred. The complaint was preferred as early as in the year 2011 and the 2nd respondent is a very rich and influential person and there is no possibility of concluding the trial in the near future. The delay in the trial causes much hardship for the petitioner and the petitioner wants an early disposal of the case, it is averred. It is in the conspectus of these facts and circumstances the petitioner has filed the instant Crl.M.C seeking invocation of this Court's inherent powers under Sec.482 Cr.P.C with the prayer to direct the Additional Sessions Court-I, Thalassery to expedite the trial in the above prosecution in S.C.No.371/2013 so as to conclude the same within two months.
2. This Court by order dated 10.10.2014 had passed the following order.
“This Crl.M.C is filed for a direction to the Additional Sessions Court-I, Thalassery, Kannur District to expedite trial in S.C.No.371/2013. The Registry to get a report from the Additional Sessions Court-I, Thalassery as to the present stage of that Sessions Case and as to rough time frame within which, the said Sessions Case can be completed. The report should be made available within ten days.”
3. In response thereto, the Sessions Court concerned submitted necessary report dated 21.10.2014 stating that the Sessions Case, S.C.No.371/2013 was received from the Additional Sessions Court-II to the Additional Sessions Court-I on 24.6.2014 and the case is posted to 6.11.2014 for preliminary hearing on charge and there are 36 witnesses to be examined in this case and that the cases for trial up to January, 2015 has already been scheduled and that the court below will be able to start the trial only in the middle of January, 2015 and is expecting to dispose of the case by March, 2015.
4. In view of the aforementioned report submitted by the court below, it is ordered, in the interest of justice, that the court below shall endeavour to take up the case for trial and conclude the same without much delay and the court below will make all sincere endeavours so as to dispose of the case well before end of May, 2015.
The Crl.M.C stands finally disposed of.
bkn/-
ALEXANDER THOMAS, Judge.