IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
OP(CRL.) NO. 220 OF 2022
MC 29/2017 OF JUDICIAL MAGISTRATE OF FIRST
CLASS,KUNNAMKULAM
PETITIONER/PETITIONER:
RAHMATH
AGED 26 YEARS
D/O. ABUL RASHEED,
THATTAZHATH HOUSE,
AKKIKKAVU POST,
PORKKULAM VILLAGE,
THALAPPILLY TALUK,
THRISSUR. , PIN - 680519
BY ADVS.
K.K.DHEERENDRAKRISHNAN
N.P.ASHA
RESPONDENTS STATE & RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 SHIHAB MUHAMMAD
AGED 25 YEARS
S/O. MUHAMMED,
ORUVIL HOUSE, KARIKKAD POST,
KADAVALLUR VILLAGE, KARIKKAD DESOM,
THRISSUR , PIN - 680519
O.P.(Crl) No.220/2022
-:2:-
3 MUHAMMAD
AGED 69 YEARS
S/O. KUNJAPPU,
ORUVIL HOUSE, KARIKKAD POST,
KADAVALLUR VILLAGE, KARIKKAD DESOM,
THRISSUR , PIN - 680519
4 SUHARA
AGED 61 YEARS
W/O. MUHAMMED,
ORUVIL HOUSE, KARIKKAD POST,
KADAVALLUR VILLAGE, KARIKKAD DESOM,
THRISSUR, PIN - 680519
SRI. M.P. PRASANTH PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl) No.220/2022
-:3:-
JUDGMENT
Dated this the 26th day of May, 2022 This original petition has been filed for expeditious disposal of M.C.No.29/2017 on the file of the Judicial First Class Magistrate Court, Kunnamkulam.
2. The learned Magistrate is on maternity leave. Hence, Judicial First Class Magistrate, Chavakkad holds charge. He holds sitting twice a week. The learned counsel for the petitioner Sri. K.K. Dheerendrakrishnan submitted that the evidence is over and the counsel for the petitioner is heard by the Judicial First Class Magistrate, Chavakkad. What remains is the hearing of the counsel for the respondent alone.
3. I have called for a report from the learned Magistrate, who reported that the respondent has filed an application under Section 311 of Cr.P.C. to reopen the evidence. The learned Magistrate seeks six months' time for the disposal of the MC. Having considered the entire facts and circumstances, I am of the view that three months' time can be granted to the learned O.P.(Crl) No.220/2022 -:4:- Magistrate to dispose of the MC.
In the result, the original petition is disposed of, with a direction to the learned Magistrate to dispose of MC No.29/2017, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp O.P.(Crl) No.220/2022 -:5:- APPENDIX OF OP(CRL.) 220/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MC NO. 29/2017 FILED BY THE PETITIONER Exhibit P2 A TRUE COPY OF THE ORDER IN MP NO.
2810/2017 IN MC NO. 29/2017 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM Exhibit P3 A TRUE COPY OF THE ORDER SHEET IN MC NO.29/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM