Akshay Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 14, 2023

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Citation: sooperkanoon.com/1345617
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Mar 14, 2023
Case Number: OP(Crl.)/201/2023

Parties & Advocates

Appellant / Petitioner

Akshay Kumar

Respondent

State of Kerala

Excerpt

.....j.-------------------------------------- o.p(crl.) no.201 of 2023 --------------------------------------- dated this the 14th day of march, 2023j u d g m e n tthe prayers in the original petition (crl.) are as follows:"a) set aside the order dated 27.02.2023 in crl.m.p. no.93/2023 in s.c.no.690 of 2021 of the hon'ble special judge, fast track special court, kodungallur. b) direct the fast track special court, kodungallur to reschedule the trial in s.c.no.690/2021 in the month of may or june, 2023, or any other later date convenient to the court."2. the petitioner is the accused in the above captioned sessions case.3. the trial court has scheduled the trial of the case from 3.4.2023to 22.4.2023. the petitioner filed ext.p4 application requesting to reschedule the trial on the ground that the senior counsel engaged by him has some inconvenience. the request was rejected by the trial court as per ext.p5 order, which is under challenge in the original petition.4. heard the learned counsel for the petitioner and the learned o.p(crl.) no.201 of 2023 3 public prosecutor.5. the learned counsel for the petitioner submitted that the seniorcounsel engaged by the petitioner is engaged in the trial of another case before the vigilance and enquiry commissioner, thrissur, which was scheduled prior to the scheduling of this matter. the request of the petitioner is only to avoid the trial in the month of april, 2023 so that the counsel engaged by him will be able to conduct the case. having regard to the nature of the relief prayed for, this court finds it reasonable that the trial in the court below is rescheduled after the month of april, 2023. therefore, the trial court is directed to reschedule the trial in s.c.no.690/2021 after the month of april, 2023. the original petition (crl.) is disposed of. sd/- k. babu judge ab o.p(crl.) no.201 of 2023 4 appendix of op(crl.) 201/2023 petitioner exhibits exhibit p2 a true copy of the proceedings in the a- diary.....

Full Judgment

O.P(Crl.) No.201 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 14TH DAY OF MARCH 2023 / 23RD PHALGUNA, 1944 OP(CRL.) NO. 201 OF 2023 CRIME NO.193/2020 OF Mathilakom Police Station, Thrissur AGAINST THE ORDER IN CRL.M.P.NO.93/2023 IN SC 690/2021 OF SPECIAL JUDGE, FAST TRACK COURT, KODUNGALLUR PETITIONER: AKSHAY KUMAR, AGED 28 YEARS S/O. PRADEEPKUMAR, MULLASSERY HOUSE, THEKKODAN BAZAR DESOM, P.VEMBALLUR VILAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680523 BY ADVS. RAJIT HEMANTH H.

RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SMT.M.K.PUSHPALATHA- PUBLIC PROSECUTOR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(Crl.) No.201 of 2023 2

K.BABU, J.

-------------------------------------- O.P(Crl.) No.201 of 2023 --------------------------------------- Dated this the 14th day of March, 2023

J U D G M E N T

The prayers in the Original Petition (Crl.) are as follows:

"a) Set aside the order dated 27.02.2023 in Crl.M.P. No.93/2023 in S.C.No.690 of 2021 of the Hon'ble Special Judge, Fast Track Special Court, Kodungallur. b) Direct the Fast Track Special Court, Kodungallur to reschedule the trial in S.C.No.690/2021 in the month of May or June, 2023, or any other later date convenient to the court."

2. The petitioner is the accused in the above captioned sessions case.

3. The trial court has scheduled the trial of the case from 3.4.2023

to 22.4.2023. The petitioner filed Ext.P4 application requesting to reschedule the trial on the ground that the senior counsel engaged by him has some inconvenience. The request was rejected by the trial court as per Ext.P5 order, which is under challenge in the Original Petition.

4. Heard the learned counsel for the petitioner and the learned O.P(Crl.) No.201 of 2023 3 Public Prosecutor.

5. The learned counsel for the petitioner submitted that the senior

counsel engaged by the petitioner is engaged in the trial of another case before the Vigilance and Enquiry Commissioner, Thrissur, which was scheduled prior to the scheduling of this matter. The request of the petitioner is only to avoid the trial in the month of April, 2023 so that the counsel engaged by him will be able to conduct the case. Having regard to the nature of the relief prayed for, this Court finds it reasonable that the trial in the court below is rescheduled after the month of April, 2023. Therefore, the trial court is directed to reschedule the trial in S.C.No.690/2021 after the month of April, 2023. The Original Petition (Crl.) is disposed of. Sd/- K. BABU JUDGE ab O.P(Crl.) No.201 of 2023 4 APPENDIX OF OP(CRL.) 201/2023 PETITIONER EXHIBITS Exhibit P2 A TRUE COPY OF THE PROCEEDINGS IN THE A- DIARY OF THE VIGILANCE COURT DATED 23.01.2023 Exhibit P3 A TRUE COPY OF THE PROCEEDINGS IN THE A- DIARY OF THE HON'BLE FAST TRACK SPECIAL COURT, KODUNGALLUR Exhibit P4 A TRUE OF THE APPLICATION IN CRL.MP.NO 93

OF 2023 IN SC.NO. 690 OF 2021 THE HON'BLE SPECIAL JUDGE, FAST TRACK SPECIAL COURT, KODUNGALLUR DATED 07.02.2023 Exhibit P5 CERTIFIED COPY OF THE ORDER IN CRL.M.P NO HON'BLE SPECIAL JUDGE, FAST TRACK SPECIAL COURT, KODUNGALLUR DATED 27.02.2023 RESPONDENTS EXHIBITS: NIL

Same Court & Year Kerala · 2023 Same Parties Akshay Kumar vs State of Kerala Same Judge Honourable Mr.Justice K. Babu