IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Crl.MC.No. 513 of 2009() ------------------------ CC.369/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... PETITIONER/ACCUSED NO.4: --------------- RASHID S/O.LATE SULAIMAN, 23/398(2), PUTHUNGODE, THIRUNELLAI, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS/COMPLAINANT/STATE: --------------- 1. SALINA, D/O.K.S.JAMAL MOIDEEN, KULAVEED, POLICE STREET, PUTHUNAGARAM, CHITTUR, PALAKKAD. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE S.I. OF POLICE, PUTHUNAGARAM POLICE STATION IN CRIME NO.127/2007. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.513 of 2009 ---------------------------------------- Dated this the 3rd day of February 2009 O R D E R The petitioner faces indictment along with the co-accused for offences punishable under Section 498A read with 34 I.P.C. The 1st accused is the husband of the de facto complainant whereas the other three accused are the relatives of the 1st accused/husband. Accused 2 and 3 have come before this court with a prayer to quash the prosecution in so far as it relates to them. By order dated 5/1/2009 in Crl.M.C.No.5017/2008, their prayer was rejected subject to observations. The petitioner herein is the 4th accused. 2. After discussions at the Bar, the short prayer made by the petitioner is that the benefit or advantage of the said order dated 5/1/2009 in Crl.M.C.No.5017/2008 may be extended to the petitioner herein also. 3. Having considered all the relevant circumstances, I am persuaded to agree that the petitioner is also entitled to take advantage of the directions in the said order. Crl.M.C.No.513/09 2 4. This petition is accordingly allowed. It is directed that the petitioner herein shall also be entitled to the advantage of the said directions dated 05/01/2009 issued in favour of the petitioner in Crl.M.C.No.5017/2008. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.513/09 3 Crl.M.C.No.513/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008