Since the police did not cite Kurien as an accused, the girl filed a private complaint against him in a magistrate's court. After hearing the testimony of her witnesses, the magistrate issued summons to him. He then moved the high court and, failing to get a favourable verdict, approached the Supreme Court for quashing the magistrate's order.
The apex court asked him to go to the sessions court with a prayer for discharge. The sessions court rejected the prayer. Kurien then went to the high court, which granted his prayer.
The legal path Kurien chose raises some questions. In the criminal revision petition filed in the high court, he did not cite the girl, who was the complainant, as a respondent. The high court ruled in his favour without hearing her. The only respondent in the case was the State of Kerala, which had anyway decided not to prosecute him.