Rahmath vs State Of Kerala
2022 Latest Caselaw 5575 Ker

          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

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

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