IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Crl.MC.No. 3255 of 2009() ------------------------- CC.658/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KASARGOD .................... PETITIONER(S)/ACCUSED NO.1: --------------- K.M. ABDUL RAHIMAN, S/O. K.M. ABDUL KHADER, RAHAMANIYA MANZIL, MOGARU NADUMUDI HOUSE, UPPALA P.O., KASARGOD DIST. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT(S)/STATE & DE FACTO COMPLAINANT: --------------- 1. STATE OF KERALA, SHO MANJESWAR POLICE, KASARGOD DISTRICT, REP. BY PUBLICPROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FOUSIYA, D/O. Z. ABDUL KHADER, W/O. K.M. ABDUL RAHIMAN, C.A. COTTAGE, NEAR MANJESWAR RAILWAY STATION, MANJESWAR, KASARGOD DIST. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3255 OF 2009 ------------------------------------------ Dated 9th October 2009 O R D E R Petitioner is the first accused, husband of the de facto complainant in C.C.711/2007 which now stands re-filed after splitting up the case as against him as C.C.658/2008 on the file of Chief Judicial Magistrate, Kasaragod. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that in view of the order of acquittal as against accused 2 and 3 by Annexure-III judgment, it is not in the interest of justice to proceed against the petitioner and therefore, it is to be quashed. Petitioner also sought a direction to the Magistrate to withdraw the non bailable warrant and to release the petitioner on the date of his surrender. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Though by Annexure-III judgment accused 2 and 3, the parents of the petitioner were acquitted CRMC 3255/09 2 of the offences under Sections 405 and 498 A read with Section 34 of Indian Penal Code, based on the order of acquittal as against the parents, petitioner is not entitled to get the case quashed against him. Question whether petitioner has committed the offence under Section 405 or 498 A of Indian Penal Code against his wife is a matter to be decided on the evidence to be let in. Hence the case cannot be quashed as sought for. 4. When an accused surrenders and files an application for bail, Magistrate is expected to pass orders in the application without delay. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.