The petitioners herein are the accused Nos. 10 and 11 in S.C No.459/2014 now pending before the learned Additional Sessions Judge, Irinjalakkuda. Pending the proceedings, they filed application for discharge, which was dismissed by the learned Judge. With the object of getting sufficient time to challenge the said order in revision they brought this petition under Section 482 Cr.P.C, for a direction to the trial court to adjourn the trial. Now it is submitted that the trial court has already examined 4 of the witnesses cited by the prosecution. As required by the court the learned trial Judge filed report that the trial will have to be expedited in view of the earlier directions made by this court for disposal before 31.1.2015. It is also reported that the accused Nos. 1 to 8 are in judicial custody. In such a situation, especially when the trial court has now commenced trial by examining 4 of the 92 witnesses cited by the prosecution, this court cannot direct the trial court to postpone the trial or adjourn the trial. If at all the petitioners are aggrieved by the orders disallowing discharge, they can file appropriate proceeding, and if any Crl. M.C No. 6179 of 2014 2 orders are obtained in such proceeding, the trial court will be bound such orders. For the time being trial cannot be stayed and it will have to proceed. In the result, this Crl.M.C is dismissed.
P.UBAID, JUDGE sab