IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Crl.MC.No. 3448 of 2011() ------------------------------------- CC.NO.141/2011 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): 1ST ACCUSED: ----------------------------------------------- ABOOBACKER, S/O.LATE ABDUL RAHIMAN, AGED 36 YEARS, RESIDING AT ALMAS MANZIL, MUTTAMBANGERA, UPPALA, MANGALPADY VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. AYSHATH RAJEENA, D/O.MOHAMMAD, AGED 25 YEARS, RESIDING AT AL-AMEEN HOUSE, MANGALPADY, MANGALPADY VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT, PIN-671 324. R1 BY PUBLIC PROSECUTOR SMT.S.HYMA R2 BY ADV. SMT.T.SUDHAMANI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3448/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE PRIVATE CRIMINAL COMPLAINT IN CC NO.141/2011 ON THE FILE OF THE LEARNED CHIEF JUDICIAL MAGISTRATE'S COURT, KASARAGOD. ANNEX A2 COPY OF THE SUMMONS ISSUED TO THE PETITIONER IN CC NO.141/2011 ON THE FILE OF THE LEARNED CHIEF JUDICIAL MAGISTRATE'S COURT, KASARAGOD. ANNEX A3 COPY OF THE ORDER DATED 11/7/2011 IN CRL.MC.NO.1663/2011 ON THE FILE OF THIS HON'BLE COURT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3448 of 2011 ---------------------------------------------------- Dated this the 4th day of November, 2011 Order The petitioner is the first accused in CC No.141 of 2011 on the file of CJM Court, Kasaragod. The offence alleged against him is bigamy punishable under Section 494 IPC. The learned counsel submits that since the petitioner is a Muslim, according to his personal law, he can have four wives at a time and so the second marriage cannot attract offence under Section 494 IPC. Since the allegation is that he contracted the second marriage during the subsistence of the first marriage and in view of the fact that his personal law allows four wives at a time, the cognizance taken against him is quashed. The Crl.M.C. is allowed as above. N.K.BALAKRISHNAN, JUDGE. srd 2 3