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Ajesh V S vs State Of Kerala

High Court Of Kerala · Decided on 15 December 2023 · Citation: (2023) 12 KL CK 0145

HON’BLE JUDGES
Gopinath P., J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No.10578 Of 2023
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Judgment

6 paragraphs · 350 words

Gopinath P., J

1.

The petitioner has approached this court praying that the trial of SC No.333/2022 pending before the Fast Track Special Court, Kottayam which is scheduled today shall be postponed as the report from the Forensic Science Laboratory is not available.

2.

The learned Public Prosecutor on instructions would submit that the report in question was forwarded from the Forensic Science Laboratory, Thiruvananthapuram to the Additional District and Sessions Court without noticing that the case has been transferred to the Fast Track Special Court. It is submitted that the report is now before the Additional District and Sessions Court-I, Kottayam and the same will be forwarded today itself to the Fast Track Special Court.

3.

The learned counsel for the petitioner submits that two weeks time may be granted to enable the counsel for the accused to prepare for the trial.

4.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor and considering the fact that the ground for adjournment / postponement of the trial was that the Forensic Science Laboratory report was not available and considering the submission of the learned Public Prosecutor that the Forensic Science Laboratory report will be placed before the Fast Track Special Court, Kottayam, I am not inclined to grant adjournment / deferment for 2 weeks as now requested by the petitioner / accused. The trial of the case was admittedly scheduled in the month of November. This petition was filed only on 06-12-2023 and came up for consideration before this court on 08-12-2023 when the trial was scheduled to commence today. Therefore, I am not inclined to adjourn the trial of SC No.333/2022 on the file of the Fast Track Special Court, Kottayam for a period of two weeks as requested by the learned counsel for the petitioner. However, considering the fact that the Forensic Science Laboratory report is being placed before the Fast Track Special Court only today I direct that the trial of SC No.333/2022 before the Fast Track Special Court, Kottayam shall be deferred till Wednesday (20-12-2023).

Crl. M.C is disposed of as above.