IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Crl.MC.No. 1029 of 2008() ------------------------- SC.703/2003 of ADDL.SESSIONS COURT,-I, MAVELIKKARA .................... PETITIONER: ------------------ ANNAMMA SAMUEL, W/O.LATE A.G.SAMUEL ATHUKATTETH HOUSE, VENMANI VILLAGE CHENGANNUR. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: ---------------------------- 1. ARUN MATHEW, S/O.JONY, ATTUPURATH HOUSE VENMANI VILLAGE, CHENGANNUR. 2. EASO JOHN, S/O.JOHN, ATTUPURATH HOUSE VENMANI VILLAGE, CHENGANNUR. 3. JOHN, S/O.VARGHESE ATTUPURATH VADAKKETHIL, VENMANI VILLAGE CHENGANNUR. 4. VARGHESE, S/O.GEEVARGHESE ATTUPURATH VADAKKETHIL, VENMANI VILLAGE CHENGANNUR. 5. JACOB P.JOHN, PATTATHIL HOUSE VENMANI VILLAGE, CHENGANNUR. 6. THANKACHAN, S/O.DANIEL VADAKKEPURAYIL, VENMANI VILLAGE, CHANGANNUR. 7. DANIEL, S/O.YOHANNAN CHERUKARAYETH VEEDU, VENMANI VILLAGE, CHENGANNUR -2- 8. VINOD, S/O.JOHN, ATTUPURATH HOUSE VENMANI VILLAGE, CHENGANNUR. 9. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1029 of 2008 = = = = = = = = = = = = = = Dated this the 10th day of March, 2008 ORDER In this petition filed under Section 482 Cr.P.C, petitioner who is the widow of one Samuel who was allegedly brutally murdered by respondents 1 to 8 on 2.01.2000, seeks a direction to re-schedule the trial of S.C.No.703/2003 pending before the 1st Additional Sessions Court, Mavelikkara for the reason that the Special Public Prosecutor, Adv.Sri.M.Sunil Kumar who has been appointed in this case is already held up in the 'Kanichukulangara murder case' before the Sessions Court, Alappuzha (S.C.No.1 of 2006). 2. The learned Public Prosecutor on instructions, submitted that it will take at least three weeks' time to dispose of the 'Kanichukulangara murder case'. It is not the fault of the petitioner that the same Special Public Prosecutor has to attend two courts in two different stations simultaneously. On account of the inconvenience of the Special Public Prosecutor, justice cannot be allowed to suffer. Crl.M.C.No.1029 of 2008 2 3. Accordingly, S.C.No.703 of 2003 on the file of the 1st Additional Sessions Court, Mavelikkara shall be re-scheduled after adjourning the trial by one month. Send a copy of this order to the 1st Additional Sessions Court, Mavelikkara for information and compliance. V. RAMKUMAR, JUDGE sj