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Judgment
8 paragraphs · 259 wordsP.V.Kunhikrishnan, J.
This Criminal Miscellaneous Case is filed for issuing a direction to the Additional District Court-II (Special Court for NDPS Act cases), Thodupuzha to adjourn the trial in SC No.79/2019 (Crime No.1286/2019 of Changanassery Police Station) because a new counsel is engaged by the petitioner only on 02.09.2023.
Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
It is submitted that the trial was scheduled on 02.09.2023 and thereafter it was adjourned to 05.09.2023 for the examination of witnesses. I don't want to unsettle a Sessions case trial on the previous day. But there is some force in the argument of the petitioner that a new counsel was engaged by the petitioner only on 02.09.2023. The petitioner can approach the trial court with an application to adjourn the case for a short period and if such an application is filed, the trial court will consider the same and pass appropriate orders in it, taking a lenient view.
Therefore, this Crl.M.C is disposed of in the following manner:
i. The petitioner is free to submit an application on 05.09.2023 for adjournment of the trial narrating the fact that a new counsel was engaged only on 02.09.2023.
ii. If such an application is received, the learned Sessions judge will consider the same and pass appropriate orders in it, taking a lenient view.
iii. All other contentions raised by the petitioner in this Crl.M.C are left open and the petitioner is free to agitate the same before the trial court at the appropriate stage.