IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4286 of 2008(I) ------------------------- SC.175/2006 of VI ADDL.DISTRICT COURT, ERNAKULAM .................... PETITIONER: ------------ RENJITH, AGED 26, S/O.VELAYUDHAN, VELIYATHUPARAMBIL HOUSE, THURAVOOR.P.O, SIVAJIPURAM, ANGAMALY, ERNAKULAM. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.4286 of 2008 ------------------------------------- Dated this the 5th day of February, 2008 JUDGMENT Petitioner is the 4th accused. He faces indictment in a prosecution for offences punishable, inter alia, under Section 307 I.P.C. The case stood posted for trial in the list to 04.02.08. On that day, the accused were not ready to proceed with the trial. According to the petitioner/accused, his counsel had, all on a sudden, reported on 28.01.08 that he cannot appear. On 04.02.08, witnesses were present, the court was ready to proceed with the trial. The petitioner prayed for adjourning the trial. The learned Sessions Judge examined Pws 1 to 3 in chief and adjourned the case to 06.02.08 to facilitate the cross examination by the petitioner. The petitioner has come before this court with the grievance that sufficient time is not given to him by the learned Judge to prepare for cross examination. 2. When the Sessions' trials are listed for examination of witnesses, parties, their counsel and all concerned must show a sense of responsibility to ensure that the schedule for trial does not collapse. There were days when asking for adjournment in a Sessions' trial was considered blasphemous, but times appear to have changed. I am surprised that a counsel on 28.01.08 reports to an accused facing indictment in a serious crime that he cannot W.P(C).No.4286 of 2008 2 appear on 04.02.08 for trial. The accused must have immediately take steps to ensure that he was able to proceed with the trial on 04.02.08 by engaging another counsel. The learned Judge has granted time till 06.02.08. I would expect the petitioner to get ready and proceed with the trial. If there be any compelling reasons beyond the control of the petitioner which makes it impossible for him to cross examine the witnesses, the petitioner must make such representation before the trial Judge and seek appropriate orders. I am not persuaded to believe that if there be sufficient reasons, the trial Judge will not listen to such reason and act with compassion. At any rate, I am not persuaded to invoke the powers under Article 227 of the Constitution of India to issue any directions in the matter. I need only observe that the trial Judge must act with concern and can passion to the plight of the petitioner. 3. This Writ Petition is accordingly dismissed with the above observations. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/- W.P(C).No.4286 of 2008 3