Mohammed Shihab @Shihabshah vs State Of Kerala
2022 Latest Caselaw 12178 Ker

Crl.Rev.Pet No.258/2022                             1/1

                             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             PRESENT
                          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
                Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
                   CRL.M.APPL.NO.1/2022 IN CRL.REV.PET NO. 258 OF 2022
              CRL.A.NO. 238/2017 OF ADDITIONAL SESSIONS COURT, IRINJALAKUDA

        ST.NO. 6458/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT , CHALAKUDY

   REVISION PETITIONER/PETITIONER

           MOHAMMED SHIHAB @ SHIHABSHAH,AGED 32 YEARS,S/O SHAHUL HAMEED ERACHAN
           HOUSE,   VENKIDANG VILLAGE & DESOM,CHAVAKKAD TALUK, THRISSUR- 680506

   RESPONDENTS/RESPONDENTS

       1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN
          - 682031.
       2. SALEEM, AGED 55 YEARS S/O CHANDMUHAMMED,VETTUKKAL HOUSE, CHALAKUDY,
          REP. BY POWER OF ATTORNEY HOLDER,RASHEED,S/O MUHAMMED
          HANEEFA,VETTUKKAL HOUSE,CHALAKKUDY-680307.

        Application praying that in the circumstances stated therein the
   High Court be pleased to suspend the sentence imposed in the judgment
   dated 30-10-2021 in Crl.Appeal No.238 of 2017 of Additional Sessions
   Court, Irinjalakkuda in ST No.6458 of 2016 of Judicial First Class
   Magistrate Court, Chalakkudy dated 05-10-2017 pending disposal of the
   Revision Petition.
        This Application coming on for orders upon perusing the application
   and this Court's order dated 08/04/2022 therein upon hearing the arguments
   of Mr.M.A.MOHAMMED SIRAJ, Advocates for the petitioners and of M/s. AMRIN
   FATHIMA, SITHARA HAMZA KIZHAKOOT(K/1093/2021) &                ALEENA K.
   BINU(K/001403/2022), Advocates for the 2nd respondent and the PUBLIC
   PROSECUTOR for the 1st respondent, the Court passed the following:
                                               ORDER

Learned counsel for the 2nd respondent would submit that the interim direction issued by this Court to deposit 30% of the fine amount was not complied with.No represetnation for the revision petitioner.

Hence,post on 17/01/2023 for hearing and disposal finally.

It is specifically ordered that if the interim order of this court dated 08/04/2022 has not been complied so far,the trial court can go with execution of the sentence and mere pendency of this revision petition is not a ground to stall the execution.

Registry is directed to inform this matter to the court below concerned,forthwith.

Sd/-

A. BADHARUDEEN,JUDGE

22-12-2022 /True Copy/ Assistant Registrar