IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Crl.Rev.Pet.No. 1789 of 2011() ------------------------------ CC.1324/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT I,KOLLAM .................... PETITIONER(S): PETITIONER/ACCUSED: ------------------------------------------------------------ SAJI KUMAR,S/O.RATNAKARAN NAIR, SAJI BHAVAN,ALAPPURAM,NETTIRACHIRA,NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): CR.PETITIONERS/COMPLAINANT & STATE: -------------------------------------------------------------------------------------------- 1. PRADEEPCHAND,GALAXY WORLD,INTERNET CAFE, PERUMON,KOLLAM-691 006. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM - 3. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRRP.NO.1789/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF CHARGE SHEET FILED BY THE ANCHALUMOOD POLICE WHICH IS NOW PENDING BEFORE THE JUDICIA FIRST CLASS MAGISTRATE COURT I, KOLLAM AS CC 1324/08. ANNEX.B: COPY OF THE FIR IN CRIME NO.412/08 ALONG WITH THE COMPLAINT FILED BY THE 2ND RESPONDENT. ANNEX.C: COPY OF THE 161 STATEMENT OF THE DEFACTO COMPLAINANT PRADEEPCHAND. ANNEX.D: COPY OF THE 161 STATEMENT OF THE 2ND CHARGE WITNESS NIBU. ANNEX.E: COPY OF THE 161 STATEMENT OF THE 3RD CHARGE WITNESS SATHEESH. ANNEX.F: COPY OF THE 161 STATEMENT OF THE 4TH CHARGE WITNESS PRAVEEN KIRAN. ANNEX.G: COPY OF ORDER DTD. 13/08/2010 IN CRL.M.C.NO.3163/2010 OF HIGH COURT OF KERALA. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1789 OF 2011 -------------------------------- Dated this the 21st day of July 2011 ORDER The revision is directed against the dismissal of the application moved by the accused for his discharge under Section 245(2) of the Code of Criminal Procedure. 2. The learned counsel for the revision petitioner submits that among other grounds raised in the revision, impeaching the order passed by the learned Magistrate turning down his plea of discharge, in the alternative, he has requested for a direction/order from this court to grant him exemption from appearance before the court since he is carrying a business at a far off place. 3. As the challenge against the order of discharge in the case, for the offences imputed on a report filed by the police, is hardly assailable on any of the grounds canvassed for, an alternative plea raised in the memorandum of revision was pressed into service by the counsel. 4. I make it clear that it is open to the petitioner to move an application under Section 205 before the learned Magistrate for his personal exemption, and if any such application is filed Crl.R.P No.1789 OF 2011 within one month, it shall be disposed on its merits. Subject to the above observations, the revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge