VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed challenging Annexure-2 order, by which, an application filed by the petitioners/accused to reschedule S.C.No.474/2018 of the Additional Sessions Court (Adhoc-II), Palakkad was dismissed by the learned Sessions Judge.

(2.) The learned Sessions Judge dismissed the application stating that, this Court in Official Memorandum no.HCKL/1701/2023-E6(B) dtd. 7/8/2023 directed to dispose all murder cases immediately. That does not mean that the convenience of the lawyers need not be looked into by the trial court. These are fundamental things to be considered by the trial court at the time when the case is posted for trial. The intention of this Court is only to see that the old murder cases are to be disposed of immediately. When a lawyer coming before the court saying that he is already engaged in some other sessions case and he is ready to conduct the trial on a particular date, the Court should hear that submission in a pragmatic manner. Rule 77A(2) of the Criminal Rules of Practice, Kerala, 1982 says that, after the commencement and immediately after framing the charge, the Court shall hear the prosecution and the accused to ascertain and fix consecutive dates for recording evidence. This shows that the prosecution and the accused are having a role while fixing the date of trial. There cannot be a unilateral decision from the Court alone while scheduling trial. Accused has got a right to choose his lawyer for conducting the trial and hence the convenience of the lawyer also should be taken care of by the Court. But, the submission of the lawyer should be genuine. Whether the submission of a lawyer for getting a date for trial is genuine or not is to be decided by the Court at the stage of scheduling the trial. If the submission of the lawyer of the accused or prosecution is genuine, the Court should be magnanimous to accept it and schedule the trial as requested by them after considering the convenience of the Court also. In this case, the submission of the counsel is genuine. Hence, I am of the considered opinion that the impugned order can be set aside and there can be a direction to the learned Judge to reconsider the matter in accordance to law.