IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Crl.Rev.Pet.No. 939 of 2010() ----------------------------- C.C.NO. 525/2006 of JUDICIAL FIRST CLASS MAGISTRATE -III, THRISSUR REVN. PETITIONERS: PETITIONERS/ACCUSED:- ----------------------------------------------------- 1. T.S.ABRAHAM, AGED 85 YEARS, GENERAL MINISTER, HEBRON, KUMBANAD. 2. K.M.JOSEPH, AGED 78 YEARS, STATE PRESIDENT, P.B.NO.28, PERUMBAVOOR. BY ADV. MR. S.M.PREM RESPONDENTS/COMPLAINANT:- ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. DHANIYEL, S/O. MATHEW, KURUMATTAM HOUSE, PEECHI VILLAGE, KERI CAMPUS 111/19, QUARTERS, PEECHI.P.O., ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl.R.P. No. 939 of 2010 ---------------------------------------------------- Dated this the 24th day of March, 2010. ORDER Revision petitioners who are accused Nos. 1 and 2 in C.C. No. 525 of 2006 on the file of the Judicial First Class Magistrate - III, Thrissur instituted on a private complaint for an offence punishable under Section 500 IPC, challenge the order dated 21.11.2009 passed by the Magistrate dismissing their application filed as C.M.P. No. 2143 of 2009 seeking discharge. 2. The provision under which the application was filed was Section 239 Cr.P.C which is not applicable to a private complaint. The said section applies only in respect of a police charge case. That apart, since the offence is punishable with imprisonment up to 2 years, it is a summons case and therefore, there is no question of discharge in a summons case. The learned Magistrate was, therefore, fully justified in dismissing the application for Crl.R.P. No. 939/2010 : 2 : discharge. 3. The learned counsel for the petitioners submitted that the petitioners are the General President and General Secretary of the India Pentecostal Church of God and aged 85 years and 78 years respectively and even though their application for personal exemption has been once dismissed by the Magistrate, they may be permitted to apply again under Section 205 Cr.P.C. 4. If a question of identity does not arise for consideration during trial, the petitioners are permitted to apply for personal exemption during trial and if they file an application incorporating the necessary averments, I am sure that the learned Magistrate shall consider the same favourably. This revision is dismissed accordingly. Dated this the 24th day of March, 2010. V. RAMKUMAR, JUDGE. rv