IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Crl.Rev.Pet.No. 710 of 2008() ----------------------------- CRL.M.P.NO.4536/1998 DATED 23/102007 IN C.C.NO.378/1996 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA REVN. PETITIONER: REVISION PETITIONER/ACCUSED: --------------------------------------------------------------------------------------- ALEXANDER THOMAS, MALAYIL, PUTHENPURACKAL, CHIRAYIRAMBU, THOTTAPUZHACHERRY. BY ADV. SRI.JAMES KURIAN RESPONDENTS: COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ALONG WITH CRL.RP.NOS.711 AND 712/08 ON 14/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.Nos.710,711 & 712 of 2008 = = = = = = = = = = = = = = Dated this the 14th day of March, 2008 ORDER The common petitioner in these revision petitions is the common 6th accused in C.C.Nos.377/96, 378/96 and 379/96 on the file of the Chief Judicial Magistrate, Pathanamthitta, for offences punishable under Sections 406, 409,420 read with 34 IPC. The petitioner challenges Annexure D common order dated 23.10.07 passed by the Chief Judicial Magistrate, Pathanamthitta dismissing the application filed under Section 239 Cr.P.C, seeking discharge of the petitioner on the ground that there is prima facie case against the petitioner for framing charge 2. This Court sitting in revision will be loathe to interfere with the said findings recorded by the learned Magistrate who had the opportunity to scan the entire prosecution materials. 3. The only course open to the petitioner is to seek personal exemption before the Magistrate during the trial of the case, provided no question of identity arises. Accordingly, these revisions are dismissed, with liberty to the petitioner to move the Magistrate for personal exemption during trial. In case such a Crl.R.P.Nos. 710,711 &712/2008 2 petition is filed and the petitioner, in these cases, undertakes before the court that he will not dispute the question of identity, the Magistrate may consider favourably his request for personal exemption during trial and his personal exemption shall not be insisted, unless it is found inevitable during any stage of the trial. 4. Having regard to the fact that these cases are of the year 1996, the learned Magistrate shall give top priority to these cases in the matter of disposal. These Crl.R.Ps are disposed of as above. V. RAMKUMAR, JUDGE sj