Citation : 2022 Latest Caselaw 8293 Ker
Judgement Date : 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
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