P G THAMPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The order which is impugned is, no doubt, unusual. None of the parties in the case has challenged it. It is challenged by the advocate who is directly affected by the order which was passed by a Sessions Judge while adjourning a sessions trial. As per the order, learned Sessions Judge directed that the advocate (the petitioner herein) "shall see that an amount of rupees one thousand is deposited so as to be paid to C.Ws. 1 to 10 as day costs". This petition is filed under S.482 of the Code of Criminal Procedure (for short 'the Code') for quashing the said order.

(2.) There were six accused in the case which was pending before the Sessions Court. First accused was represented by one counsel and the remaining were represented by another counsel. The case was posted for evidence on 22-9-93. Witnesses for prosecution were present in the Trial Court on the said date. But examination of those witnesses could not be proceeded with, about which learned Sessions Judge has minuted the following in the proceedings paper:

(3.) According to the petitioner, the case was earlier pending before the local Assistant Sessions Court and for administrative reasons the case was transferred to the Addl. Sessions Court, but petitioner was unaware of the said change and the accused did not engage him thereafter. Another advocate practising at the same station was appearing for the first accused in the Sessions Court. According to the petitioner, no counsel can be penalised for seeking adjournment in the case.