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Judgment
K.Babu, J
The learned Counsel for the revision petitioner seeks permission to withdraw this criminal revision petition with liberty to raise all contentions raised in this petition before the trial court.
The permission sought for is granted. The criminal revision petition stands dismissed as withdrawn.
The learned Counsel for the revision petitioner submits that the court below has scheduled the trial on 08.10.2024 without ascertaining the convenience of the defence lawyer. He submits that heDISM can appear before the trial court to defend the case only at the end of this month.
The prosecution and accused have a role while fixing the date of trial and that the Court cannot take a unilateral decision while scheduling the trial [vide: Asanul Banna v. State of Kerala [2024 KHC 875] and Vishnu v. State of Kerala [2023 (7) KHC 155]
Therefore, the Additional Sessions Court-VI, Kollam is directed to reschedule the trial to the first week of November, 2024, after ascertaining the convenience of the prosecution and the learned Counsel for the accused.