IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.Rev.Pet.No. 1328 of 2008 ------------------------------ CRL.M.P.NO. 3718/2006 IN C.C.NO. 1471/2002 OF J.F.C.M. CHLAKUDY REVN. PETITIONERACCUSED: ------------------ 1. N.V. VASUDEVAN, AGED 68 YEARS S/O. GOVINDANKUTTY, RESIDING AT SAROJA VIHAR AYYANTHOLE, HRISSUR. 2. SUJA RAJAGOPAL, AGED 34 YEARS D/O. N.V. VASUDEVAN, RESIDING AT SAROJA VIHAR AYYANTHOLE, HRISUR.' ' 3 SUMA JAYAN, D/O. N.V.VASUDEVAN, AGED 34 YEARS RESIIDNG AT SAROJA VIHAR, AYYANTHOLE, THRISUR. 4. K.P.S. JAYAN, S/O. SIVASANKARAN NAIR, AGED 48 YEARS RESIDING AT SAROJA VOIHAR, AYYANTHOLE, THRISUR. BY ADV. SRI.K.ANAND RESPONDENTS: ------------- 1. SATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. 2. BALAKRISHNAN, S/O. MANICKYAN, AGED 63 YEARS RESIDING AT CHETTAKKA HOUSE, KUNNAPPILLY DESOM MUKUNDAPURAM TLAUK THRISSUR DISTRICT. BY PUBLIC PORSECUTOR MR. M.S. BREEZE THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No. 1328 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of April , 2008 ORDER The petitioners who are accused 1 to 4 in C.C.No.1471/2002 on the file of the Judicial First Class Magistrate Court, Chalakudy for an offence punishable under Section 420 I.P.C.,challenge Annexure-E order dated 14-3-2008 passed by the Magistrate dismissing their petition for discharge and holding that there is a prima facie case against them for the purpose of framing charge . Now that the learned Magistrate has found a prima facie case for framing charge, this Court sitting in Section 482 Cr.P.C. jurisdiction will be loathe to interfere with the said finding. The petitioners will have to face trial. However, in case no question of identity of he petitioners arise, the petitioners may file a petition for personal exemption before the Magistrate undertaking that they will not raise any dispute regarding their identity. As and when such a petition is filed, the Magistrate shall exempt the CRRP 1328/2008 -2- petitioners from personal appearance, unless the Magistrate holds that the personal appearance of the petitioners is inevitable at any particular stage of the trial. This Crl.revision petition is disposed of accordingly. V. RAMKUMAR, JUDGE ks.