IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Crl.MC.No. 311 of 2009() ------------------------ SC.300/2008 OF THE ADDITIONAL SESSIONSJUDGE (ADHOC)-I, MANJERI. CRIME NO.475/07 OF THE TENHIPALAM POLICE STATION .................... PETITIONER(S): --------------- 1. SHIBU ALIAS RAKESH (A2), S/O.ANTONY, KADAVIL HOUSE, THAIKKATTUSSERIL HOUSE, OLLUR, THRISSUR DISTRICT. 2. RADHAKRISHNAN.N, (A3), S/O.KUNHIKRISHNAN NAIR, NANGALATH HOUSE, MOODADI P.O., KOYILANDI. 3. KANAKESWARI (A4), D/O.DAMODARAN NAMBIAR MALOR HOUSE, KODENCHERI P.O., PURAMERI, VADAKARA. (WHO RESIDED IN A RENTED HOUSE AT VIRIPPIL BAZAR, CHELAVOOR AMSOM, KOZHIKODE) NOW 1 AND 2 IN DIST. PRISON, KOZHIKODE AND 3(FEMALE WITH CHILD)IN CENTRAL PRISON, KANNUR. BY ADV. SRI.MANJERI SUNDERRAJ RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY DY.SUPERINTENDENT OF POLICE, MALAPPURAM, (TENHIPALAM POLICE CRIME/FIR NO.475 OF 2007 DATED 21/12/2007). BY P.P. SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 311 of 2009 ------------------------------------------------- Dated this the 23rd day of January, 2009 ORDER The petitioners are accused 2 to 4 and they face indictment for offences punishable, inter alia, under Sec.380 IPC. The matter is pending trial before the Additional Sessions Judge Fast Track (Ad hoc)-I, Manjeri. The learned counsel for the petitioners submits that on 31/12/08 the case was posted to 23/1/09. The case stands listed for trial from 23/1/09 to 7/3/09. About 280 witnesses are to be examined by the prosecution. According to the petitioners, they had engaged a senior counsel who has given up the brief and the case is now left at the hands of a junior counsel. The junior counsel filed an application on 12/1/09 to adjourn the trial. The learned trial Judge has rejected the same. It is at this juncture that the petitioners who are in custody have come to this Court with the Crl.M.C. No. 311 of 2009 -: 2 :- prayer that the case listed for trial may be adjourned to some other day to enable the counsel to study the brief properly. 2. The learned counsel for the petitioner impassionately appeals that taking up the case for trial on 23/1/09 would amount to denial of justice. Justice hurried is justice buried submits the learned counsel for the petitioner. 3. I have considered all the relevant circumstances. I note that listing of the case for trial was done 23 days prior to the date scheduled for trial. The circumstances reveal that the present advocate had time from 12/1/09 to get ready for trial. Adjournment of a Sessions Case listed for trial must be resorted to only in exceptional circumstances. In the instant case I do not find any such circumstances. The petitioners must get ready for trial. I take note of the circumstance that admittedly the case stands listed for trial from 23/1/09 to 7/309. Any interference by this Court in the schedule for trial fixed by the court below shall interfere with the due progress of the case. I am not satisfied that any satisfactory reasons exist to justify the invocation of the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. Needless to say, if there be any satisfactory reasons pointed out Crl.M.C. No. 311 of 2009 -: 3 :- to the learned Sessions Judge, the Judge may consider accommodation of the request to cross-examine any particular witness at a later stage. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge