IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Crl.Rev.Pet.No. 264 of 2010() ----------------------------- AGAINST THE ORDER DATED 11/11/2009 IN CMP 6728/2009 IN CC.389/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVN. PETITIONER/ PETITIONER/ACCUSED:- -------------------------------------------------- SURESH KUMAR, S/O.BHASI KOZHIYODU MADATHIL VEEDU, SARKKARA, CHIRAYINKEEZH BY ADV. SRI.J.JAYAKUMAR SRI.S.JIJI RESPONDENT/ COMPLAINANT:- ------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl.R.P. No. 264 of 2010 ---------------------------------------------------- Dated this the 22nd day of February, 2010. ORDER The petitioner who is the accused in Crime No. 295 of 2007 of Chirayinkeezh Police Station for offences punishable under Sections 419 and 471 IPC r/w Section 12 (1)(b) of the Indian Passport Act, is prosecuted before the Judicial First Class Magistrate -I, Attingal as C.C. No. 389 of 2009. By a separate petition filed as C.M.P. No. 6728 of 2009, he sought a discharge before the learned Magistrate. As per the impugned order dated 11.11.2009, the learned Magistrate partly allowed the petition discharging him of the offence punishable under Section 12(1)(b) of the Passport Act, but holding that there is a prima facie case against him for the offences punishable under Sections 419 and 471 IPC. The findings recorded by the court below is after a scan of the prosecution records and this Court sitting in revision will be loath to interfere with the said Crl.R.P. No. 264/2010 : 2 : findings. The only course now open to the petitioner is to stand trial before the court court below. If a question of identity does not arise for consideration in the trial, the petitioner may file a petition for personal exemption during trial by incorporating the necessary averments. This revision is accordingly dismissed. Dated this the 22nd day of February, 2010. V. RAMKUMAR, JUDGE. rv Crl.R.P. No. 264/2010 : 3 :