MUHAMMED ABDULLA SHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Actus curiae neminem gravabit - "An act of court shall not prejudice a person", is one of the well known axioms followed by the Indian legal system. Petitioners claim benefit of the above maxim for redressal of their grievance.

(2.) Petitioners are accused Nos.2, 5 and 6 in S.C.No.309/2019 on the files of the Additional Sessions Court-I (Special Court), Pathanamthitta. The offences alleged are under Ss. 304 and 308 r/w Sec. 34 of the Indian Penal Code, 1860.

(3.) Initially, the above referred case was pending before the Sessions Court, Pathanamthitta from where it was made over to the Additional Sessions Court-I and then to the Additional Sessions Court-IV. On 23/11/2022, the case was adjourned to 13/1/2023 and the proceedings reveal that petitioners were represented through their Advocate. However, on 1/12/2022, the case was suo motu advanced and awaiting orders from the Sessions Judge, posted the case to 13/1/2023. Again, the case was advanced suo motu on 12/12/2022 and transferred to Special Court dealing with Protection of Child Rights Act, i.e. the Additional Sessions Court-I, Pathanamthitta with the same posting date as '13/1/2023'.