ORDER

1.This petition is filed under section 407 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' for brevity) with a prayer to withdraw S.C. No.551 of 2010 on the file of the Additional Sessions Court-IV, Thiruvananthapuram to any other Sessions Court within the Thiruvananthapuram Sessions Division. The petitioner had preferred a petition seeking similar relief before the Court of Sessions Thiruvananthapuram, but the same was dismissed by the court below by order dated 10.2.2017.

2.The case of the petitioner is that he is the sole accused in the aforesaid Sessions case involving offence under section 302 of the IPC . The prosecution is that he had murdered his own wife in an incident which took place on 26.12.2009. Final report was laid before the court in the year 2010 itself.

3.After complying with all the formalities, the case was scheduled for trial to commence from 2.11.2016. As the petitioner was unwell, he filed an application seeking exemption supported by a medical certificate. The learned Session Judge insisted that the Doctor who had issued the medical certificate should be personally present before the court below. The case was then posted to 9.