IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 5^TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946 CRL.MC NO. 7467 OF 2024 CRIME NO.169/2022 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER DATED 02.09.2024 IN CMP NO.549/2024 IN S.C. NO.97 OF

2023 OF SPECIAL COURT UNDER POCSO ACT, THIRUVANANTHAPURAM PETITIONER/PETITIONER/ACCUSED:

RAKESH AGED 39 YEARS S/O. GOPALAPILLAI, RESIDING AT “VRINDAVAN VEEDU”, TC 45/2527, KRA B102, NEDUMCAUD WARD, MANACAUD VILLAGE, THIRUVANANTHAPURAM, PIN - 695009 BY ADVS.

GIRISH KUMAR M S ADITHYA RAJEEV AKASH S.

RICHU THERESA ROBERT RESPONDENT/COUNTER PETITIONER/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 PP - M P PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

05.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 5^th day of September, 2024 This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 02.09.2024 in C.M.P. No.549/2024 in S.C. No.97/2023 on the files of the Fast Track Special Court for the trial of cases under the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’ for short] cases, Thiruvananthapuram and to allow C.M.P. No.549 of 2024 deferring the trial of S.C. No.97/2024 till 29.10.2024.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the order impugned and the relevant materials available.

3. According to the learned counsel for the petitioner, the trial of S.C. No.97/2024 could not be proceeded, since fresh vakalath filed for the petitioner only on 30.08.2024 and the advocate appearing for the accused has other engagements on that date.

4. The learned Public Prosecutor seriously opposed the relief sought for, since the trial of the case is scheduled on tomorrow (06.09.2024).

5. On perusal of the records, Annexure.A4 is the order impugned passed by the learned Special Judge in C.M.P. No.549/2024, whereby similar prayer at the instance of the petitioner/accused was disallowed and paragraph No.3 of the order is as under:

“3. This petition was filed to remove the case from the schedule on 06/09/2024 on the ground that his counsel has case in CBI Court on that day. This was included in the schedule on 04/06/2024. On that day itself Vakalath relinquishing Memo was seen filed by another counsel. Vakalath of new counsel was seen executed on 30/08/2024. Accused ought to have made arrangements sufÏciently early to enable his counsel to appear on 06/09/2024. Summons were already issued to the witness. There is latches on the part of accused in making alternate arrangements sufÏciently early. Victim and other witnesses would not be allowed to suffer on account of latches of accused. I find no good reason to allow this petition.”

6. Going by the order impugned, it could be seen that the case was scheduled for trial as early, as per order dated 04.06.2024 i.e. three months before. The vakalath for the petitioner was relinquished on that date, though new counsel filed vakalath on 30.08.2024 only. Since this petition has been pressed into on 05.09.2024, seeking to adjourn the trial scheduled on 06.09.2024, allowing the the same would cause hardships and difÏculties to the witnesses and prosecution. Therefore, the relief sought for cannot be considered. Hence, this petition lacks merits and the same stands dismissed.

Registry shall forward a copy of this order to the Special Court forthwith for information and further action.

Sd/-

A. BADHARUDEEN JUDGE SK APPENDIX OF CRL.MC 7467/2024 PETITIONER ANNEXURES :

Annexure I TRUE COPY OF THE PROCEEDINGS DETAILS OF SC NO. 97/2023 OF THE FAST TRACK SPECIAL COURT (POCSO), THIRUVANANTHAPURAM Annexure II TRUE COPY OF THE PROCEEDINGS DETAILS OF SC NO. 446/2017 OF THE ADDITIONAL SESSIONS COURT – VI, THIRUVANANTHAPURAM Annexure III TRUE COPY OF