IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Crl.Rev.Pet.No. 320 of 2008() ----------------------------- CC.778/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... REVN. PETITIONER: REVISION PETITIONER ------------------------------------- P.A.BEEFATHIMA @ BEEVI, D/O. PALLIKKAL ABDULKHADER PALLIKKAL VILLA, KOTTIKULAM. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: ------------- 1. STATTION HOUSE OFFICER HOSDURG POLICE STATION 2. U.V.ABDULARAHIMAN,S/O.LATE K.P.KUNHABDULLA, AYINGOTH, KANHANGAD SOUTH P.O. KANHANGAD VILLAGE, HOSDURG TALUK. 3. STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 320 of 2008 * * * * * * * * * * * * * * * * * * Dated: 20-02-2008 ORDER Petitioner who is the wife of the de facto complainant is the first accused in Crime No. 499 of 2005 of Hosdurg Police Station for offences punishable under Sections 120 B, 465, 468 and 471 read with Sec. 34 I.P.C. The case against the petitioner and others is pending before the J.F.C.M.I as C.C. No. 778 of 2006. After entering appearance before the Magistrate, the petitioner pleaded for a discharge. But the learned Magistrate as per Annexure A-V order dated 3-12-2007 declined to entertain the said plea holding that there was a prima facie case against the petitioner. If so, this Court sitting in the rarefied revisional jurisdiction will be loathe to interfere with the said conclusion of the Magistrate. No doubt, the allegation will not amount to proof and the prosecution will have to prove the offences against the petitioner by adducing convincing evidence. Being a lady, the petitioner may move the Magistrate for exception from personal appearance and in case no question of identity arises, the Crl.R.P. No. 320 of 2008 -:2:- Magistrate shall exempt the petitioner from personal appearance and shall insist on her personal appearance only if it is inevitable to do so at any stage of the trial. It goes without saying that the trial of the case shall be untrammelled by any observations in the impugned order. This Crl.R.P is disposed of as above. V. RAMKUMAR, (JUDGE) ani.