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. 889 of 2009() ----------------------------- AGAINST THE ORDER DATED 08/01/2009 IN CRMP.6851/2008 IN CC.1128/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... REVN. PETITIONER(S): ACCUSED ---------------------------- 1. SURESH KUMAR ALIAS THAMPAN, SON OF RAMAKRISHNAN, VISHNU GAYATHRI, MARTHANDAPURAM, MUNDAKKAL, KOLLAM. 2. SUNDARAN ALIAS SANKARAN, SON OF KUMARAN, AKKARATHEKKATHIL VEEDU, PATTATHANAM EAST, VADAKKEVILA, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.P.SUJESH KUMAR RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. JAYAKRISHNAN 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. 889 of 2009 * * * * * * * * * * * * * * * * * * Dated: 24-03-2009 ORDER Petitioners who are accused Nos. 1 and 2 in C.C. No. 1128 of 2005 on the file of the Judl. First Class Magistrate, Adoor for offences punishable under Sections 408, 409 and 477 A read with Sec. 34 I.P.C. challenge the order dated 8-1-2009 passed by the learned Magistrate dismissing the application Crl.M.P. No. 6851 of 2008 filed by the petitioners seeking discharge. In fact that application was filed pursuant to an order passed by this Court permitting the petitioners to plead for a discharge. The learned Magistrate has dismissed the application which means that he has decided to frame charge against the petitioners. This again means that the learned Magistrate , has, after perusal of the records found a prima facie case for framing charge. This Court sitting in revision will be loathe to interfere with the decision taken by the learned Magistrate to frame charge. Now the petitioners will have to face trial. It shall be open to the petitioners to file applications for personal exemption during trial . The learned Magistrate shall consider Crl.R.P. No. 889 of 2009 -:2:- the petitions filed by the petitioners favourably on being convinced that a question of identity will not arise. With this liberty, this petition is disposed of. Dated this the 24th day of March 2009. V. RAMKUMAR, (JUDGE) ani.