IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Crl.Rev.Pet.No. 4062 of 2008() ------------------------------ AGAINST THE ORDER DATED 16/05/2008 IN CMP 4069/2007 IN CC.85/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... REVN. PETITIONER(S): ACCUSED NOS. 1 TO 3 1. V.JAYASREE, D/O.PARAMESWARAN, SIVARANJINI, CHIRAKKAL AMSOM DESOM. 2. DR.V.RAMAKRISHNAN, S/O.JAYASREE, CHIRAKKAL AMSOM, CHIRAKKAL DESOM. 3. DR.V.RAKHI, D/O.JAYASREE, CHIRAKKAL AMSOM DESOM. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): COMPLAINANT 1. THE STATE OF KERALA - (S.H.O KANNUR POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. # ADDL.R2. T.C.ABDUL AZEEZ, S/O.ABDUL RAHMAN HAJI, CHALAKKANDY HOUSE, EDAKKAD P.O, KANNUR. # IMPLEADED AS ADDL.R2 AS PER ORDER DATED 3.2.09 IN CRL.M.A.1064/09 PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.4062 of 2008 = = = = = = = = = = = = = = Dated this the 17 th day of February, 2009 ORDER Revision petitioners, who are accused Nos.1,2 & 3 in C.C.No.85 of 2007 on the file of the J.F.C.M-I, Kannur for offences punishable under Sections 406 and 420 read with Section 34 IPC, challenge the order dated 15.5.08 as per which the learned Magistrate has dismissed their application for discharge after having found that there was a prima facie case for framing charge against the accused. The said order does not have the character of a final order particularly when the court has decided to frame the charge. It is for the petitioner to assail the court charge in case there was no material in support of the prosecution case to frame charge against the petitioners. Hence without prejudice to the right of the petitioners to assail the court charge as and when it is framed, this Revision Petition is dismissed. Dated this the 17 th day of February, 2009. V. RAMKUMAR, JUDGE sj