K. BABU
ASANUL BANNA S/O AMEER – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
K. BABU, J.
1. The prayers in this Original Petition are as follows:
(ii) To pass such other reliefs that this Hon’ble Court deem fit and proper.
(iii) To permit the petitioner to dispense with filing of translation of exhibits in vernacular language along with the OP (Crl.).”
2. The petitioner is accused No. 1 in S.C. No. 66 of 2020 on the file of the Special Court (NDPS Act Cases), Thodupuzha. The Sessions Case was scheduled for trial on 11.09.2024. The petitioner filed an application seeking adjournment of the trial stating the reason that his lawyer has inconvenience as he is engaged in the trial in another matter.
3. The learned Sessions Judge rejected the application on 06.09.2024 holding that the reason stated for adjournment is not sufficient.
4. The learned counsel for the petitioner submitted that the learned Sessions Judge has passed Ext.P2 order mechanically without considering the valuable right of the accused to be defended by a l
The right to a speedy trial under Article 21 mandates that trials should not be unduly delayed, balancing procedural fairness with judicial efficiency.
Accused have a right to represent themselves through a pleader but cannot cross-examine witnesses using non-advocates without court permission, ensuring procedural integrity.
The right to a fair trial necessitates adequate legal representation; refusal to grant adjournment undermines this right, potentially resulting in miscarriage of justice.
The main legal point established is that once the examination of a witness begins, the trial should proceed continuously, with adjournments only granted for the strongest possible reasons, and the du....
The main legal point established is the strict adherence to Section 309 of Cr.P.C., requiring expeditious trials and continuous examination of witnesses, with adjournments only granted for special re....
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
The duty of trial judges and defense counsel to uphold Supreme Court guidelines discouraging adjournments and requiring immediate cross-examination of prosecution witnesses, and the condemnation of t....
A fair trial requires all essential evidence, necessitating the rescheduling of proceedings until key reports are obtained.
The court reinforces the necessity of compassionate considerations in legal proceedings, allowing adjournments in light of genuine emergencies.
A petitioner cannot delay trial proceedings without merit; non-pressed applications render requests for deferment infructuous.
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