SAJEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in S.C. No.172/2019 on the file of the 1st Additional Sessions Court, Ernakulam. He has been charged with the offence punishable under Sec. 302 of the Indian Penal Code.

(2.) This case was originally posted to 5/9/2023 for preliminary hearing. In the light of a direction of this Court on the administrative side, the learned Sessions Judge advanced the case to 9/8/2023 and charge was framed against the accused. Thereafter, the case was scheduled for trial on 21/8/2023.

(3.) The grievance of the petitioner is that as his lawyer is engaged in other Sessions cases, he may not be in a position to conduct the trial effectively on the date now scheduled by the Court. Therefore, the petitioner seeks a direction to the Trial Court to re-schedule the trial. The learned Counsel for the petitioner submits that the petitioner is intending to submit an application seeking to re- schedule the trial. In the circumstances, if such an application seeking re-scheduling of the trial is filed by the petitioner, the Court below shall consider the same and pass appropriate orders keeping in mind that no prejudice is caused to the petitioner. The Original Petition is disposed of as above.