VIJAYALEKSHMI Vs. STATE OF KERALA

JUDGEMENT

(1.) PUBLIC Prosecutor takes notice for the respondent.

(2.) PETITIONER is first accused in C.C.Nos.43 of 2008 and 54 of 2008 of the court of learned Enquiry Commissioner and Special Judge (for short, "the Special Judge"), Kottayam for offences punishable under Section 13(2) read with Section 13(1)(c) and (d) of the Prevention of Corruption Act (for short, "the PC Act") and Sections 409,468, 471, 477A and 120B of the Indian Penal Code. The allegation is that petitioner and another manipulated vouchers and other records and misappropriated amounts entrusted to them for payment of wages/salary of employees of the company. It is submitted by learned counsel that though the cases were originally posted on 25.07.2011 the cases were advanced to 07.06.2011 and then on 13.06.2011 and 14.06.2011 on which day charge was framed. Summons was issued to CW1 for examination on 21.06.2011. On that day counsel for petitioner could not appear on account of illness and there was a request for time which was rejected as per Ext.P2, order. CW1 examined in chief on 23.06.2011 and is now posted on 28.06.2011 for continuation of the chief examination. Learned counsel submitted that since there are several cases in which petitioner is arrayed as first accused it involves several records and in the circumstances, counsel for petitioner needs some time to go through the relevant records. It is also submitted that counsel on account of illness has some difficulty in appearing before learned Special Judge. In the circumstances it is requested that petitioner may be granted sufficient time to cross examine CW1.