2025:KER:27517 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 OP(CRL.) NO. 206 OF 2025 CRIME NO.72/CBCU/2/EKM/2020 OF CRIME BRANCH, ERNAKULAM, ERNAKULAM IN SC NO.732 OF 2023 OF FAST TRACK SPECIAL COURT, KOZHIKODE PETITIONER/ACCUSED NO.2: 1 ADITHYA GOKUL AGED 25 YEARS S/O SUKUMARAN, GOKULAM HOUSE, KANJIRANOOJI, PERUVAYAL P.O, KOZHIKODE DISTRICT, PIN - 673008 BY ADVS. P.V.ANOOP PHIJO PRADEESH PHILIP ABIN BENNY K C MOHAMED RASHID DENNISE JACOB SAVY RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE INVESTIGATING OFFICER CBCID, ERNAKULAM, PIN - 682305 3 THE STATION HOUSE OFFICER MEDICAL COLLEGE POLICE STATION, KOZHIKODE, PIN - 695011 SRI. E.C. BINEESH, PUBLIC PROSECTUR O.P.(Crl.) No.206 of 2025 2025:KER:27517 - 2 - THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(Crl.) No.206 of 2025 2025:KER:27517 - 3 - C. JAYACHANDRAN, J. ------------------------------------ O.P.(Crl.) No.206 of 2025 ------------------------------------ Dated, this the 01st day of April, 2025 JUDGMENT The petitioner is the 2nd accused in S.C. No.732/2023 before the Fast Track Special Court, Kozhikode. The petitioner seeks expeditious disposal of the said case. It was urged by the learned Counsel for the petitioner that only one witness was examined, though the matter was scheduled for trial in the entire period of one year. The urgency espoused is that the petitioner needs to go abroad in the pursuit of his employment. 2. Having heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor, this Court is not in a position to accede to the request made by the learned Counsel for the petitioner. It is noticed that the Sessions Case sought to be expedited is of the year 2023. Any direction to dispose of the matter will frustrate the legitimate expectations of other litigants who are waiting O.P.(Crl.) No.206 of 2025 2025:KER:27517 - 4 - in the queue. In the circumstances, the prayer sought for cannot be allowed. 3. However, it is for the learned Special Judge to ensure that the trial goes on, preferably on a day-to-day basis as enjoined by the Bharatiya Nagarik Suraksha Sanhita (2023), if the trial in the matter has already been commenced. This direction is given in the wake of the allegation that only one witness is examined for an entire period of one year. The Original Petition (Criminal) is disposed of as above. Sd/- C. JAYACHANDRAN JUDGE SKP/01-04 O.P.(Crl.) No.206 of 2025 2025:KER:27517 - 5 - APPENDIX OF OP(CRL.) 206/2025 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO. 734/2020 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE DATED 27.06.2020 EXHIBIT P2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 72/CBCU/2/EKM/2020 OF CRIME BRANCH DATED 29.03.2023 EXHIBIT P3 THE TRUE COPY OF THE E-COURT PROCEEDINGS IN SC NO. 732/2023 PENDING BEFORE THE HON’BLE FAST TRACK SPECIAL COURT, KOZHIKODE RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE