IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 CRL.REV.PET.NO. 1136 OF 2003() ---------------------------------------------- AGAINST THE ORDER IN CMP.484/2003 IN CC.742/2000 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... REVN. PETITIONER(S) - ACCUSED: ---------------------------------------------- N.ANGRAMUTHU, NO.5-99, MARIAMMAN COVIL STREET, PEERUMEDU, ANNA NAGAR, COIMBATHOOR. BY ADV. SRI.S.RAJEEV RESPONDENT(S) - COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. BY PUBLIC PROSECUTOR SHRI RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1136 of 2003 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of June, 2009 O R D E R -------------- Heard counsel for petitioner and Public Prosecutor. This revision is in challenge of order dated 3.4.2003 on C.M.P. No.484 of 2003 in C.C. No.742 of 2000 of the court of learned Judicial First Class Magistrate, Varkala. Petitioner filed the petition under Section 239 of the Code of Criminal Procedure to discharge him stating that in respect of the same allegation a case is pending against him in the CBI court as C.C. No.1 of 2001. Learned magistrate observed that question of double jeopardy did not arise on the facts of the case. Learned counsel for petitioner submits that the revision may be dismissed without prejudice to the right of the petitioner to take appropriate contentions in the court below in the course of trial. In the light of the submission made by the counsel I do not find it necessary to go into the correctness of the contentions raised by the petitioner in this proceeding. Revision Petition is dismissed. I make it clear that it will be open to the petitioner to raise his contentions in the trial court in the course of trial if petitioner is entitled to such a course. THOMAS P.JOSEPH, JUDGE. vsv THOMAS P.JOSEPH, J. =================== CRL. R.P. NO.1136 OF 2003 =================== O R D E R 12TH JUNE, 2009