Libi vs State Of Kerala

Citation : 2022 Latest Caselaw 8293 Ker
Judgement Date : 1 July, 2022

Kerala High Court
Libi vs State Of Kerala on 1 July, 2022
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                     OP(CRL.) NO. 319 OF 2022
 SC 698/2021 ON THE FILE OF THE FAST TRACK (SPECIAL COURT
  FOR PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT)
                             IRINJALAKUDA
 Crime No.283/2021 of Pudukkad Police Station, Thrissur
PETITIONER:

            LIBI
            AGED 37 YEARS
            W/O PONNOOS MUTTATH HOUSE, ANANDAPURAM DESOM,
            ANANDAPURA VILLAGE, MUKUNDAPURAM TALUK,
            THRISSUR DISTRICT, PIN - 680305

            BY ADV RAJIT


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031
    2       STATION HOUSE OFFICER
            PUDUKKAD POLICE STATION,
            THRISSUR, PIN - 680301




            SRI SANGEETHA RAJ- Public Prosecutor


        THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.07.2022,    THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(Crl.)No.319 of 2022       ..2..


                              JUDGMENT

This O.P.(Crl.) has been filed to direct the Fast Track (Special Court for Protection of Children from Sexual Offences Act), Irinjalakuda to grant the accused five days' time to engage another counsel to conduct the case.

2. The petitioner had earlier approached this Court with almost very same relief. This Court passed Ext.P5 order. The said order was passed after consulting with the counsel appearing for the petitioner herein and also after interacting with the Judge of the court below. On the last occasion, the counsel submitted that the petitioner needs only one week's time to engage another counsel at the court below and the learned counsel specifically agreed that he has no objection in re-scheduling the trial of the case from 02.07.2022 onwards. On that specific understanding, the case is scheduled to 02.07.2022.

3. The petitioner has now come up with a petition seeking five more days' time to engage another counsel. I am of the view that such prayer cannot be allowed.

The O.P.(Crl.) is dismissed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE skj O.P.(Crl.)No.319 of 2022 ..3..

APPENDIX OF OP(CRL.) 319/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 11.10.2021 IN B.A.NO.4609/2021 OF THIS HIGH COURT.

Exhibit P2 A TRUE COPY OF THE ORDER DATED 23.12.2021 IN B.A.NO.9046 OF 2021 OF THIS HIGH COURT.

Exhibit P3 A TRUE COPY OF THE APPLICATION FILED BY THE ACCUSED IN SC 698/2021 OF THE POCSO COURT, IRINJALAKUDA DATED 20.06.2022.

Exhibit P4 A TRUE COPY OF THE APPLICATION FILED BY THE COUNSEL FOR THE ACCUSED BEFORE THE COURT BELOW IN S C 698/2021 OF THE POCSO COURT, IRINJALAKUDA DATED 20.06.2022 Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 22.06.2022 IN O.P(CRL.) 298/2022 OF THIS COURT