CRL.MC NO. 3223 OF 2025 1 2025:KER:29851 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CRL.MC NO. 3223 OF 2025 AGAINST THE ORDER/JUDGMENT IN SC NO.560 OF 2023 OF III ADDITIONAL DISTRICT & SESSIONS COURT, THODUPUZHA PETITIONER/ACCUSED: BIJESH BENNY AGED 29 YEARS S/O BENNY, VATTAMUKALEL HOUSE,KANJIYAR VILLAGE, PEZHUMKANDAM, IDUKKI, PIN - 685511 BY ADVS. ANEESH K.R ROBIN JOSE A. RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SRI. SANAL P. RAJ (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 3223 OF 2025 2 2025:KER:29851 C. JAYACHANDRAN, J. ------------------------------------ Crl.M.C.No.3223 of 2025 ------------------------------------ Dated, this the 7th day of April, 2025 ORDER The petitioner herein is the sole accused in Crime No.329/2023 of Kattappana Police Station, now pending as S.C.No.560/2023 before the III Additional Sessions Court, Thodupuzha. Petitioner’s grievance is that the matter was scheduled without looking into the convenience of the petitioner’s lawyer, who is in a midst of two other trials. 2. Heard the learned Counsel for the petitioner and the learned Public Prosecutor. Perused the records. 3. This Court notice that, on 17/3/2025, the case was scheduled for trial to 8/4/2025. The petitioner approached this Court only today, when the trial stands scheduled to commence tomorrow. The offence alleged is under Section 302 of the Penal Code. There are 114 CRL.MC NO. 3223 OF 2025 3 2025:KER:29851 witnesses for the prosecution and the case stands scheduled for trail from 8/4/2025 to 13/5/2025. A perusal of the impugned order would indicate that the learned Sessions Judge had assured the High Court - when a report was called for - that the case will be disposed of at the earliest, since the accused is in custody. In such circumstances, any direction to re-schedule the matter will completely upset the trail court’s schedule and work management. 4. It is one thing to say that the convenience of the counsel has to be looked into going by the provisions and the decisions. However, that is not an unfettered right in the hands of the petitioner’s counsel to get the matter posted only in accordance with his convenience. The court which is otherwise in seisin of a lot of cases will have to schedule matters according to its convenience; and to extent possible, the counsel are supposed to co-operate with the court in the matter of CRL.MC NO. 3223 OF 2025 4 2025:KER:29851 conducting trials. If every counsel appearing for the defense insists on enforcing his right of being heard and getting the matter posted according to his convenience, no business in the trial court can be transacted. In the circumstances, this Court finds no merit in the Crl.M.C, and the same will stand dismissed. 5. In case, the petitioner makes request for short adjournments, the same will be considered by the trial court sympathetically, and to the extent possible. However, long adjournments, if any, sought for shall not be permitted. Accordingly, this Crl.M.C is dismissed. Sd/- C. JAYACHANDRAN JUDGE ska CRL.MC NO. 3223 OF 2025 5 2025:KER:29851 APPENDIX OF CRL.MC 3223/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE APPLICATION FOR ADJOURNMENT OF TRIAL, CRL MP NO 1556/2025 Annexure A2 THE TRUE COPY OF SCREENSHOT OF THE ECOURT PROCEEDINGS DATED 17.03.2025 IN SC NO 560/2023 Annexure A3 THE TRUE COPY OF SCREENSHOT OF ECOURT PROCEEDINGS DATED 20.03.2025 IN SC NO 560/2023 Annexure A4 THE TRUE COPY OF THE CRL MP NO 1557/2025 FOR RESCHEDULING THE TRIAL Annexure A5 THE TRUE COPY OF THE ECOURT STATUS DATED 27.03.2025 AND 28.03.2025 Annexure A6 THE TRUE COPY OF THE ORDER DATED 29.03.2025 IN CRL MP NO 1690/2025 OF THE III ADDITIONAL DISTRICT AND SESSIONS COURT, THODUPUZHA