UMESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is C.W.9 in S.C. No.346/2001 on the file of the Assistant Sessions Court, Payyannur. The offences alleged against the 2nd accused in other cases are under S.307 read with S.34 of the Indian Penal Code. The offences alleged against the 14th accused are under S.143, 147, 148 and 307 read with S.149 of IPC. The case came up for examination of the witnesses before the Court. But the learned Assistant Sessions Judge did not examine the witness and repeatedly adjourned the case, because of it the petitioner would find difficulty in attending the Court and also going for other engagements. Hence he came up before this Court by filing this petition under S.482 Cr.P.C. praying that a direction may be given to the Court below to examine him in the case, at the earliest, in any event, on 30.11.2004 when the case is posted for trial.

(2.) Annexure A is true copy of the docket sheet produced by the petitioner. It shows that the petitioner along with other six witnesses were present. The Court examined four witnesses. Three witnesses including this petitioner was bounced over to be examined on the next posting date, that was 19.10.2004. On that day also, he was not examined and he was bound over to be present on 28.10.2004. It is seen that he was not examined though he was present in the Court and the case was adjourned for want of time to 4.11.2004. This story repeated not only on 4.11.2004 but also on 5.11.2004 and the case now stands adjourned to 30.11.2004.

(3.) It is submitted that the petitioner has got urgent engagements and he will have to leave the place on 2.12.2004. Therefore, his examination is necessary at least on 30.11.2004 itself. The learned counsel for the petitioner hence urged that unless the interest of the petitioner is protected, it would cause difficulties for the petitioner.