IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Crl.MC.No. 769 of 2011() ------------------------ SC.267/2000 of ADDL.SESSIONS COURT (SPECIAL COURT), KOTTAYAM .................... PETITIONER(S)/DEFACTO COMPLAINANT: --------------- SEENA AGED 31, D/O.ABDUL WAHID, THOTTARIKATHU VEEDU, THOTTUMUKKU, THOLIKODE, NEDUMANGADU, TRIVANDRUM. BY ADV. SRI.G.SIJI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY DY.S.P.CRIME BRANCH, SIG-2, ERNAKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI C.K.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.769 of 2011 -------------------------------------- Dated this the 10th day of March, 2011. ORDER Petitioner is the defacto complainant in a batch of Sessions Cases pending trial before learned Special Judge (Additional Sessions Judge, Kottayam) for offences including Section 376 of the Indian Penal Code. Now the cases are scheduled for trial from 15.03.2011 onwards and summons is issued to the petitioner to appear in the said Court from 15.03.2011 to 22.03.2011. It is submitted by the learned counsel who is appearing in the said cases as Special Public Prosecutor that the posting was done by the learned Special Judge as directed by this Court in the order in Crl.M.C.No.2357 of 2009 (Annexure-I). 2. This Court in Annexure-I, order only directed learned Special Judge, considering the request of petitioner to examine her on a day or on successive days if examination is not completed, to consider request of petitioner. Accordingly the learned Special directed examination of petitioner from 15.03.2011 to 22.03.2011, on successive dates. It is submitted that since petitioner's father is laid up she is unable to attend the court from 15.03.2011 onwards. Hence it is prayed that the trial of the cases may be stopped. I have heard learned counsel for petitioner and the learned Public Prosecutor. Crl.MC No.769/2011 2 3. The proper course open to the petitioner is to approach learned Sessions Judge if necessary, in advance of the date of trial and bring the difficulty of the petitioner to the notice of learned Special Judge by appropriate application. If any such request is made learned Special Judge shall consider the same and if found necessary re-schedule trial of the cases after hearing counsel for accused as well. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks