IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Crl.Rev.Pet.No. 360 of 2008() ----------------------------- AGAINST THE ORDER DATED 03/01/2008 IN CMP 9060/2007 IN CC.540/2002 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... REVN. PETITIONER: PETITIONER/5TH ACCUSED: ----------------------------------------- A.JAMALUDHEEN KUNHU, S/O.M.ALIYAR KUNHU S/O.M.ALIYAR KUNHU, FIRDHOUSE, BHARANIKKAVU VILLAGE, SASTHAMKOTTAH P.O., KOLLAM DISTRICT, PRESENTLY WORKING AS BRANCH MANAGER, KSFE LTD. SASTHAMKOTTAH BRANCH. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: RESPONDENT/PETITIONER: ----------------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 360 of 2008 * * * * * * * * * * * * * * * * * * Dated: 29-02-2008 ORDER Petitioner who is the 5th accused in C.C. No. 540 of 2002 on the file of the J.F.C.M.I, Kottarakkara for offences punishable under Sections 420 and 468 read with Section 34 I.P.C. seeks to quash the proceedings before the Magistrate. The cognizance itself was taken in the year 2002 and the case is now ripe for trial. The learned Magistrate found prima facie case against the petitioner so as to frame the charge. No doubt, it is still in the realm of allegations and the petitioner can be convicted only if those allegations are proved. That is a matter for trial. I am not inclined to interfere with the discretion exercised by the trial Magistrate in framing charge against the petitioner. This Criminal M.C is accordingly dismissed. Sd/- V. RAMKUMAR, (JUDGE) /TRUE COPY/ ani.