IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
OP(CRL.) NO. 262 OF 2022
CRIME NO.1316/2016 OF Kollam East Police Station, Kollam
SC 805/2017 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V,
KOLLAM
PETITIONER/1st ACUSED:
SANOFAR
AGED 31 YEARS, S/O SHIHAB
KADAPURAM PURAMBOKE, VALLYAKADA CHERRY, KOLLAM
BY ADVS.
ARUN BABU
ARUN K.J.
ALEN.C.LAZAR
RESPONDENT/COMPLAINANT AND STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 SUB INSPECTOR OF POLICE
KOLLAM EAST POLICE STATION, KOLLAM, PIN - 691001
BY ADV.
ADV.SEENA C. - PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 262 OF 2022
2
JUDGMENT
The petitioner has submitted this original petition praying for an order directing the learned Sessions Judge to re-schedule the trial of S.C. No.805/2017 pending before the Vth Additional Sessions Court, Kollam by granting two months' time. It is pointed out that, the counsel who was originally engaged was passed away on 17.02.2022 and the petitioner could not make necessary alternate arrangements for conducting the trial, when the trial of the case was scheduled to be commenced with effect from 14.06.2022. Even though an application for adjournment was submitted before the trial court the same was rejected. In that circumstance this original petition is filed. When this original petition came up for admission on 13.06.2022 an interim order was passed by this Court deferring the trial for three weeks and a report was also called for from the learned Sessions Judge.
2. In the aforesaid report, it is stated that there is already a direction issued by this Court in O.P.(Crl) No.543/2021 directing the court to dispose of the case at least by 31.12.2022. The prosecution has cited 40 witnesses and therefore expeditious steps are being taken OP(CRL.) NO. 262 OF 2022 3 to complete the trial of the said case. The scheduling of the case on 14.06.2022 was done in such circumstances. It is further pointed out that, the case now stands posted on 16.07.2022.
3. The reason stated by the petitioner is that he could not engage a new counsel in place of the counsel he engaged originally. The necessity to change the counsel was on account of the fact that earlier counsel passed away. Now it is discernible that, even though the trial was scheduled originally on 14.06.2022, the same has been adjourned to 16.07.2022. In my view the additional time which the petitioner got is sufficient to make necessary arrangements for contesting the matter and to engage a counsel.
In such circumstances, this original petition is disposed of granting liberty to the learned Sessions Judge to proceed with the case and conduct trial, from 16.07.2022 onwards.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE scs OP(CRL.) NO. 262 OF 2022 4 APPENDIX OF OP(CRL.) 262/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DAILY STATUS REPORT DATED 14/08/2019 IN SC 805/2017, PENDING BEFORE THE VTH ADDITIONAL SESSIONS COURT, KOLLAM Exhibit P2 THE TRUE COPY OF THE DAILY STATUS REPORT DATED 28/12/2020 IN SC 805/2017, PENDING BEFORE THE VTH ADDITIONAL SESSIONS COURT, KOLLAM Exhibit P3 THE TRUE COPY OF THE DAILY STATUS REPORT DATED 18/05/2022 IN SC 805/2017, PENDING BEFORE THE VTH ADDITIONAL SESSIONS COURT, KOLLAM Exhibit P4 THE TRUE COPY OF THE NOTICE DATED 18/02/2022 OF "SANJAYANAM" OF THE LATE COUNSEL FOR THE PETITIONER Exhibit P5 THE TRUE COPY OF THE PETITION FILED BY THE COUNSEL FOR THE PETITIONER UNDER SECTION 309 CRPC, IN SC 805/2017 BEFORE THE VTH ADDITIONAL SESSIONS COURT, KOLLAM Exhibit P6 THE CERTIFIED COPY OF THE ORDER DATED -
7/6/2022 IN CRIMINAL MP 941/2022 IN SC 805/2017 OF THE VTH ADDITIONAL SESSIONS COURT KOLLAM Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 16/09/2021 IN CRL.MC 3532/2021 BY THIS HON'BLE COURT Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN 2000 (10) SCC 430