IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Crl.MC.No. 321 of 2010(C) ------------------------------------ [CC.458/2007 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY, CRIME NO. 153/2007 OF EDAKKAD POLICE STATION] .................... PETITIONER/ 2ND ACCUSED: ------------------------------------------ P.C. PRAKASH BABU, S/O. KRISHNAN, AGED 46 YEARS, PARIJATHAM, KADAMPOOR AMSOM, CHALA, VELOOR ILLAM ROAD, EDAKKAD, THALASSERY. BY ADV. MR.C.P.PEETHAMBARAN. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED S.H.O., EDAKKAD POLICE STATION, THALASSERY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 321 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 10th day of February, 2010 O R D E R Limited prayer made by the petitioner in this proceeding under section 482 the Code of Criminal Procedure is to keep in abeyance Annexure-A3 for a period of three months so as to enable him to appear before the court below in the proceeding. 2. Petitioner is the 2nd accused in Crime No. 153 of 2007 of Edakkad Police Station registered under section 498A read with section 34 IPC. The petitioner is the one of the relative of the husband of the de facto complainant. He is also alleged to assault on the de facto complainant demanding more dowry. It is seen that all accused except the 2nd accused were found not guilty of the offence and they were acquitted, as borne by Annexure-2 judgment of the Additional Chief Judicial Magistrate, Thalassery. In paragraph 13 of the said judgment, there is an observation, which reads as follows:- Crl.M.C. 321/10 2 “13. In the cross-examination PW1 is admitting that A2 and A5 were residing in a separate house. So there is no possibility of any harassment from this accused against the complainant...” 3. Pointing out the above observation, it is prayed that the petitioner is abroad, he is unable to come immediately and some indulgence may be shown. He prays some time to come to the court and take appropriate steps and till then the proceedings against the petitioner may be kept in abeyance. 4. In the light of Annexure-2 judgment, the request made is reasonable and just. 5. In the result, there will be a stay of all further proceedings pursuant to Annexure-A3 for a period of three months from today, enabling the petitioner to come and appear before the court below. This petition is disposed of as above. P.BHAVADASAN, JUDGE. mn.