IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Crl.MC.No. 2291 of 2011() ------------------------- AGAINST THE ORDER IN CMP 1123/2011 IN CC.86/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT VI, KOZHIKODE. .................... PETITIONER(S): ----------------------- RASHEED K.M., S/O. KOYATTY, AGED 60 YEARS, ADVOCATE, CHALAPPURAM, KOZHIKODE. BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENT(S): ---------------------------- 1. DR. KUNHAHAMMEDKUTTY, S/O.KUNHIMOIDEENKUTTY HAJI, PRESIDENT, ASSOCIATION FOR WELFARE OF THE HANDICAPPED, 17/194 A, M'SQUARE COMPLEX, PAVAMANI ROAD, CALICUT-673 001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2291/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF THE COMPLAINT IN CC.NO.86/2010 BEFORE THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS MARAD CASES, KOZHIKODE. ANNEX.A2: COPY OF THE ORDER OF THE HON'BLE HIGH COURT IN CRL.M.C.NO.4203/2010 DTD. 19/10/2010. ANNEX.A3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN CC.86/2010 DTD. 30/05/2011. ANNEX.A4: COPY OF THE ORDER IN CMP 1123/2011 IN CC NO.86/2010 OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, MARAD CASES, KOZHIKODE DTD. 04/07/2011. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P.RAY, J. Crl.M.C.NO.2291 of 2011 Dated this the 25th day of July 2011 O R D E R Petitioner is the 4th accused in C.C.No.86/2010 before the J.F.C.M-VI, Kozhikode for the offence punishable under Sections 463, 465 468, 471 r/w 34 I.P.C. The petitioner is aggrieved by the order in C.M.P.No.1123/2011 in C.C.No.86/2010 rejecting his prayer for permission to cross-examine witnesses on the side of the complainant. The case now stands posted to 28/07/2011. 2. Heard the learned counsel for the petitioner. If the petitioner files an application for recalling impugned order relying on the decision in Ajoy Kumar Ghose v. State of Jharkhand [AIR 2009 SC 2282], the same shall be considered and disposed of by the learned Magistrate in accordance with law. If the petitioner files an application for adjournment of the case, the learned Magistrate shall adjourn the case for one week. 3. Crl.M.C is disposed of as above. (sd/-) (B.P.RAY, JUDGE) jsr // True Copy// PA to Judge CRL.M.C.No. 2 CRL.M.C.No. 3 CRL.M.C.No. 4 CRL.M.C.No. 5