Harikrishnan @ Hareesh vs State Of Kerala
2023 Latest Caselaw 11767 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                      CRL.MC NO. 9790 OF 2023
 CRIME NO.715/2020 OF Kareelakulangara Police Station, Alappuzha
  AGAINST THE ORDER/JUDGMENT SC 543/2022 OF ADDITIONAL DISTRICT
   COURT & SESSIONS COURT - III/ ADDITIONAL SESSIONS JUDGE-III,
                            MAVELIKKARA
PETITIONER/ACCUSED:

          HARIKRISHNAN @ HAREESH
          AGED 31 YEARS
          S/O SHANMUKHAN, THARAVELIKKAKATH PADEETTATHIL VEEDU,
          CHINGOLI PANCHAYATH, WARD NO.11, CHINGLO MURI, CHINGOLI
          VILLAGE, ALAPPUZHA DISTRICT, KERALA, PIN - 690516
          BY ADVS.
          SHIFANA SHAFEEQ
          P.B.JEFIN
          HARI SANKAR V.


RESPONDENT/COMPLAINANT/STATE:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031
OTHER PRESENT:

          SRI.M.P.PRASANTH, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO.9790 OF 2023                   2




                         P.V.KUNHIKRISHNAN, J.
                         ------------------------------
                          Crl.M.C. No.9790 of 2023
                  ----------------------------------------------
                Dated this the 16th day of November, 2023


                                 ORDER

This Crl.MC is filed to quash Annexure IV order, by which an

application to reschedule the trial in a murder case is rejected.

2. It is submitted that the counsel who was appearing for

the petitioner/accused relinquished the Vakalath and

petitioner/accused want some more time to engage a new

lawyer. This practice of relinquishing the Vakalath by lawyers,

when a murder case is scheduled for trial is to be deprecated.

The lawyers should see that the court is scheduling a trial after

adjusting the other work. Therefore, I do not want to interfere

with the order passed by the Sessions Judge. Since, it is a

murder case and the petitioner is facing trial in a serious case

like this, the petitioner can once again approach the trial court

with appropriate petition for getting a breathing time to engage

a lawyer and if such a petition is filed the learned Sessions Judge

will consider the same, in accordance with law.

With the above observations, this Crl.M.C is disposed of.

Issue a copy of this order today itself.

Sd/-

                                                      P.V.KUNHIKRISHNAN
     ska                                                     JUDGE





                         APPENDIX OF CRL.MC 9790/2023

PETITIONER ANNEXURES
Annexure I           TRUE COPY OF THE DEPARTMENTAL NOTICE DATED

18/10/2023 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT-III, MAVELIKKARA, ALAPPUZHA. Annexure II TRUE COPY OF THE PROCEEDINGS DATED 25/10/2023 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT-III, MAVELIKKARA, ALAPPUZHA.

Annexure III TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER, DATED 28/10/2023, TO STOP THE TRIAL OF THE CASE.

Annexure IV TRUE COPY OF THE ORDER DATED 30.10.2023 ON THE FILES OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE- III, MAVELIKKARA, ALAPPUZHA Annexure V TRUE COPY OF THE E-COURT PROCEEDING DATED 15.11.2023 OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE- III, MAVELIKKARA, ALAPPUZHA Annexure VI TRUE COPY OF THE MEMO, DATED 15/11/2023, SUBMITTED BY THE PETITIONER TO THE COURT BELOW.