IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Crl.Rev.Pet.No. 917 of 2009() ----------------------------- CC.672/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... REVN. PETITIONER/ACCUSED:- ---------------------------------- P.P.SOMAN, S/O.KANNAN NAIR, PUTHIYIDAYIL HOUSE, NARATH AMSOM, DESOM, KANNUR DISTRICT. BY ADV. MR. P.U.SHAILAJAN RESPONDENTS/COMPLAINANT & STATE ------------------------------------------- 1. KEERI PAVITHRAN, S/O.KORAN, ONAPPARAMBA, P.O.NARATH, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 917 of 2009 ========================== Dated this the 24th day of March, 2009. ORDER The petitioner who is the accused in C.C. No. 672 of 2001 on the file of the Judicial First Class Magistrate, Thalassery, challenges the order dated 22.01.2009 passed by the Magistrate rejecting the contention of the petitioner and holding that the offences punishable under Sections 406 and 409 IPC are prima facie made out against the petitioner and observing that the charge for the said offences will be framed against the petitioner on the next posting date. 2. It is after a perusal of the prosecution records that the learned Magistrate decided to frame charge against the petitioner. If the court frames charge against the petitioner and if the charge so framed is not supported by any material, it will be open to the petitioner to assail the court charge. Otherwise, his remedy is to face trial and try to get an acquittal. In case the petitioner files an application for personal exemption during trial and no question of identity arises for consideration, his application for personal exemption shall be considered favourably by the learned Magistrate. Subject to the above, this revision is dismissed. Dated this the 24th day of March, 2009. V. RAMKUMAR, JUDGE. rv