IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Crl.Rev.Pet.No. 1071 of 2009() ------------------------------ CC.486/2007 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... REVN. PETITIONER(S): ACCUSED NO.22 ---------------------------------- JOY VARGHESE ALUKKA, MANAGING DIRECTOR, M/S. ALUKKAS TRADERS, P.B.NO.3014, 3RD FLOOR, KURIAN TOWERS, KOCHI-18. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENT(S): COMPLIAINANT --------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1071 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30-03-2009 ORDER Petitioner who is the 2nd accused in C.C. No. 486 of 2007 on the file of the J.F.C.M. III, Kottayam for offences punishable under Sections 143, 147, 148, 452, 427, 323, 342, 506 (ii), 120 B and 110 read with Sec. 149 I.P.C. challenges the order passed by the Magistrate taking cognizance of the offences and issuing process to the revision petitioner. 2. It is too early to consider whether the materials produced by the police along with the charge-sheet do not even prima facie make out any of the offences against the petitioner. It is primarily for the Magistrate to scan the prosecution records and come to a conclusion either way. The proper remedy of the petitioner is to plead for a discharge. Accordingly, if the petitioner files a petition for discharge within three weeks from today, the same shall be considered and disposed of by the learned Magistrate without insisting on the personal appearance of the petitioner. It will be sufficient if the petitioner appears Crl.R.P. No. 1071 of 2009. -:2:- through counsel for the disposal of the discharge petition. This petition is disposed of as above. Dated this the 30th day of March 2009. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.