Balalinath R vs State Of Kerala
2023 Latest Caselaw 6056 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE K. BABU
        FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                       CRL.MC NO. 4514 OF 2023
AGAINST THE ORDER/JUDGMENTSC 194/2021 OF FAST TRACK SPECIAL COURT,
                            NEYYATTINKARA
PETITIONER:

            BALALINATH R
            AGED 27 YEARS
            S/O RANGANATHAN G, SREEVA SAVI NIVAS, M. G ROAD,
            NENMARA, PALAKKAD DISTRICT, PIN - 678508

            BY ADVS.
            K.R.PRATHISH
            P.K.SREEVALSAKRISHNAN



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,
            ERNAKULAM, PIN - 682031

    2       XXXXXXXXXX
            XXXXXXXXXX XXXXXXXXXX

    3       XXXXXXXXXX
            XXXXXXXXXX XXXXXXXXXX


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4514 OF 2023
                                     2

                                K.BABU, J.
                     --------------------------------------
                       Crl.M.C.No.4514 of 2023
                    ---------------------------------------
                 Dated this the 9th day of June, 2023

                               ORDER

Challenge in this Crl.M.C. is to Annexure A3 order dated

06.06.2023 in C.M.P 96/2023 in S.C.No.194/2021 on the file of

the Fast Track Special Court (POCSO), Neyyattinkara. Petitioner

is accused in Crime No.1616 of Pozhiyoor Police Station,

2. The court below is proceeding with the trial. This court

as per Annexure-A4 order dated 16.01.2023 directed the Court

below to dispose of the matter within a period of six months

from the date of receipt of a copy of the judgment.

3. The learned Counsel for the petitioner filed an

application for deferring the trial for a period of one month on

the ground that he had undergone a surgery and has to take

rest. The Trial Court dismissed the application on the ground

that this Court directed speedy disposal of the matter as per

Annexure-A4 order.

4. The learned Counsel for the petitioner submits that he

is prepared to face trial in the first week of July 2023. CRL.MC NO. 4514 OF 2023

5. Having regard to the circumstances brought out, the

Trial court is directed to re-schedule the Trial to the first week of

July 2023.

The Criminal M.C. is disposed of as above.

Sd/-

K.BABU, JUDGE saap CRL.MC NO. 4514 OF 2023

APPENDIX OF CRL.MC 4514/2023

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE PETITION DATED 05.06.2023 FILED BY THE COUNSEL FOR THE ACCUSED FOR ADJOURNING THE CASE BEFORE THE FAST TRACK SPECIAL COURT, NEYYATTINKARA

Annexure A2 TRUE COPY OF THE DISCHARGE SUMMERY DATED 27.05.2023 OF PETITIONER'S COUNSEL ISSUED BY LOURDES HOSPITAL ERNAKULAM

Annexure A3 CERTIFIED COPY OF THE ORDER DATED 06.06.2023 IN CMP NO.96 OF 2023 IN SC NO.194 OF 2021 BY FAST TRACK SPECIAL COURT (POCSO), NEYYATTINKARA.

Annexure A4 TRUE COPY OF THE JUDGMENT DATED 16.01.2023 OF THIS HON'BLE COURT IN OP.CRL NO.651 OF

//True Copy//PA to Judge