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1993 Supreme(Ker) 386

K.T.THOMAS
P. G. Thampi – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

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 section 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 cases are 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 proceeding paper :

"All the accused are present. C.W. 1 is examined in part and Ext. P1 and M.Os. I to III are marked and identified in the presence of the 1st accused's counse












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