IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 7^TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946 CRL.MC NO. 1340 OF 2025 CRIME NO.296/2024 OF Vazhakkad Police Station, Malappuram IN SC NO.1436 OF 2024 OF FAST TRACK SPECIAL COURT II, MANJERI PETITIONER/SOLE ACCUSED:

JAMSHEER V.P. AGED 36 YEARS VALIYA PEEDIKYAKKAL, CHOONDIYIL ESTATE, SHREEPURAM, VTHIRY, WAYANAD DISTRICT,, PIN -

673576 BY ADVS. SIDHARTH O.

ANWIN JOHN ANTONY SUSANTH SHAJI ALBIN A. JOSEPH NEKHA VARGHESE RESPONDENT/STATE/INVESTIGATING OFFICER:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER VAZHAKKAD POLICE STATION, PIN - 682031 SRI. M.P. PRASANTH, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioner is the accused in S.C.No.1436/2024 on the files of the Fast Track Special Court-II, Manjeri (for short, the trial court).

2. The offences alleged against the petitioner are punishable under Sections 366, 376, 376(2) (n) and 420 of the IPC. It is submitted that the case has been scheduled for trial on 10.2.2025. Few material objects, including the dress worn by the victim at the time of the alleged incident were forwarded to scientific examination to the Regional Forensic Science Laboratory, Thrissur during the course of investigation. However, the report of the FSL has not been received so far. Hence, the petitioner filed Annexure 3 petition to postpone the trial for the time being until the FSL report is received from the Regional Forensic Science Laboratory, Thrissur. The said petition was dismissed as per Annexure 4 order which is under challenge in this writ petition.

3. I have heard the learned counsel for the petitioner and the learned Prosecutor Sri. M.P. Prasanth. 4. Annexure 3 petition was dismissed mainly on the ground that, if the trial is adjourned for want of FSL report, the trial will be unduly delayed. It is observed in the impugned order that, if necessary, the witnesses could be recalled after receipt of the FSL report.

5. The FSL report is a material piece of evidence since one of the material objects sent for examination is the dress worn by the victim at the time of the alleged incident. The petitioner has every right to mould his defence based on the FSL report. I find merit in the contention of the learned counsel for the petitioner that, if the trial is commenced without furnishing the FSL report, it would cause prejudice to the petitioner. Hence, the trial court is directed to postpone the trial of SC No.1436/2024 until the FSL report is received. The trial court shall address the Regional Forensic Science Laboratory, Thrissur to expedite the examination of the material objects and to send report without delay.

The Crl.M.C is disposed of as above.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp APPENDIX OF CRL.MC 1340/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FINAL REPORT DATED NIL IN CRIME NO.296/2024 OF VAZHAKKAD POLICE STATION Annexure 2 TRUE COPY OF THE FORWARDING NOTE DATED

29.04.2024 ISSUED BY THE INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION TO JOINT DIRECTOR, RFSL Annexure 3 TRUE COPY OF THE PETITION DATED

05.02.2025 FILED BEFORE THE FAST TRACK SPECIAL COURT-II, MANJERI Annexure 4 TRUE COPY OF THE ORDER DATED 05.02.2025 IN CRIMINAL MISCELLANEOUS PETITION NO. 25/2025 IN SC NO.1436/2024 OF THE FAST TRACK SPECIAL COURT-II, MANJERI Annexure 5 TRUE COPY OF JUDGMENT DATED 25.01.2024 IN CRL.M.C NO. 11076/2023 OF THE HON'BLE HIGH COURT OF KERALA