IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Crl.Rev.Pet.No. 1078 of 2009() ------------------------------ CC.934/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA REVN. PETITIONER(S): PETITIONERS/ACCUSED NOS.1,2 ------------------------------------------------ 1. SUJITH, AGED 28 YEARS, S/O.SADASIVA KURUP, CHALAPPARAMBIL HOUSE, VAYALICHERIYATH MUKKU, VALLIKODU VILLAGE. 2. SADASIVA KURUP, AGED 70 YEARS, S/O.KESAVA PILLAI, CHALAPPARAMBIL HOUSE, VAYALICHERIYATH MUKKU, VALLIKODU VILLAGE. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 1078 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 26th day of March, 2009 O R D E R Petitioners who are accused 1 and 2 in C.C. No.934/2007 of Judicial Magistrate of First Class-I, Pathanamthitta for offences punishable under Sections 20, 21 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 challenge the order dated 12-2-2009 passed by the learned Magistrate issuing process. 2. The contention of the petitioners that the aforesaid offences are not made out against the petitioners cannot be considered by this Court in a revision filed against the order issuing process. The remedy of the petitioners is to plea for a discharge with appropriate stage. 3. This revision is, accordingly, dismissed without prejudice the right of the petitioners to plea for a discharge before the learned Magistrate. In case the petitioners filing an application for personal exemption, the learned Magistrate shall allow the same for the purpose of considering the plea of discharge raised by the petitioners. V. RAMKUMAR, JUDGE. mn.