IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Crl.MC.No. 678 of 2009() ------------------------ CC.824/2007 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER/ ACCUSED NO.4 ------------------------------------------- MUHAMMED MANZOOR, S/O.IBRAHIM, AGED 31 YEARS, POOVAKULATH HOUSE, P.O.NJAKKANAL, OCHIRA VILLAGE, KARUNAGAPPALLI TALUK. BY ADVOCATES MR.K.V.PAVITHRAN MR.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): ACCUSED NO.1 TO 3 & 5/ COMPLAINANT/ STATE ------------------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MUHAZIN RIZA, S/O.MUHAZIN AHAMMED, C.T.HOUSE, KUTTICHIRA, KOZHIKODE. 3. MARIYAM @ REENA, AGED 21 YEARS, D/O.HASHIM, NO OCCUPATION, FLAT NO.6, HIGH LIGHT MANOOR, NEAR MES WOMANS COLLEGE, NADAKKAVU, CALICUT, KANNUR ROAD. 4. HASHIM ABUNABEEL, S/O.MOHYDEEN, AGED 47 YEARS, BUSINESS, FLAT NO.6, HIGH LIGHT MANOOR, NEAR MES WOMANS COLLEGE, NADAKKAVU, CALICUT, KANNUR ROAD. 5. FAUZIA, W/O.HASHIM, AGED 38 YEARS, NO OCCUPATION, FLAT NO.6, HIGH LIGHT MANOOR, NEAR MES WOMANS COLLEGE, NADAKKAVU, CALICUT, KANNUR ROAD. 6. BASHEER FAIZI, KHATHEEB NADAKKAVU MAHAL, NADAKKAVU JUMA MASJID, KOZHIKODE, P.O.NADAKKAVU, KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 678 OF 2009 --------------------------------- Dated this the 18th day of February, 2009 O R D E R This petition is filed with a prayer to quash C.C. 824/2007 on the file of the Judicial First Class Magistrate - IV, Kozhikode. The person who had moved this court is the 4th accused in the case. It is averred that the 1st accused was married by the complainant and during the subsistence of the marriage she had contracted another marriage with accused No.4, the present petitioner and therefore has committed offences alleged in the complaint. It is contended that the case cannot be proceeded against the 4th accused namely the petitioner. If there are such legal tenable grounds, it can be raised by the petitioner at the time of hearing and move an application for discharge wherein the court can consider the entire questions and decide it in accordance with law. The Crl.M.C is dismissed. M.N. KRISHNAN,JUDGE vkm