IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Crl.Rev.Pet.No. 865 of 2009() ----------------------------- AGAINST THE ORDER DATED 15/10/2008 IN CRMP. 453/2008 IN SC.556/2007 of ASSISTANT SESSIONS COURT, MAVELIKKARA .................... PETITIONER/IST ACCUSED:- --------------------------------- PRASANNAN, VADAKKETHALAKKAL VEEDU, PONAKKAM MURI, THEKKEKKARA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. MR. S.SUDHEESHKAR MR. K.SIJU MR. PRATHEESH.P RESPONDENT/STATE:- ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MAVELIKKARA THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ========================= Crl. R.P. No. 865 of 2009 ========================= Dated this the 11th day of March, 2009. O R D E R The petitioner who is the 1st accused in Crime No. 571 of 2005 of Mavelikkara Police Station registered for offences punishable under Sections 113, 120 B, 143, 147, 148, 149, 450, 427 and 307 r/w Section 149 IPC, challenges Annexure 1 order dated 15.10.2008 passed by the Assistant Sessions Judge, Mavelikkara dismissing his application for discharge on the ground that the involvement of the petitioner in the criminal conspiracy punishable under Section 120 B IPC is clearly made out. 2. It is too early to accept the petitioner's contention that the offence punishable under Section 307 IPC is not prima facie made out and if so, the remaining offences are not exclusively triable by the court of Session. The very fact that the petitioner's application for discharge has been dismissed indicates that the learned trial Judge has found a prima facie case for framing the charge against the accused including the revision petitioner herein. The only remedy of the petitioner is to stand trial and try to get an acquittal. I do not make any Crl.R.P. No. 865/2009 : 2 : observation on the merits of the case as the same will adversely affect one party or the other. Hence, without pronouncing any opinion on the merits of the case, this revision is dismissed. Dated this the 11th day of March, 2009. V. RAMKUMAR, JUDGE. rv Crl.R.P. No. 865/2009 : 3 :