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2023 Supreme(Ker) 808

P. V. KUNHIKRISHNAN
Vishnu, S/o. Suresh @ Babu – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala – Respondent


Advocates Appeared:
For the Petitioner: V.A. Johnson (Varikkappallil).
For the Respondent: Smt. Sreeja V., PP.

ORDER :

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) dated 07.08.2023 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

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