IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Crl.Rev.Pet.No. 2894 of 2008() ------------------------------ ST.794/2007 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... REVN. PETITIONER: ------------------ M.M.HASSAN, HARSHAM, EASWARAVILASOM ROAD, COTTONHILL, JAGATHY,THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE POONTHOTTAM SRI.P.SUBAIR KUNJU RESPONDENTS: ------------- 1. V.A. ARUNKUMAR, S/O V.S. ACHUTHANANDAN, CLIFF HOUSE, NANDAKODE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 2894 of2008 * * * * * * * * * * * * * * * * * * Dated: 26-08-2008 ORDER Petitioner who is the accused in S.T. No. 794 of 2007 on the file of the Chief Judicial Magistrate, Thiruvananthapuram for offences punishable under Sections 499 and 500 I.P.C. challenges the cognizance taken and the summons issued to him. If according to the petitioner, the allegations in the private complaint filed by the first respondent herein do not make out in any case against the petitioner, his remedy is to approach the Magistrate who has the power to discontinue the proceedings under Sec. 251 Cr.P.C. in case there are no sufficient materials to proceed against the accused. Vide 2005 (3) KLT 617 - Kamala Rajaram v. State of Kerala. Hence, without prejudice to the right of the petitioner to move the Magistrate for discontinuance of proceedings under Sec. 251 Cr.P.C. this Revision is disposed of. 2. It shall be open to the petitioner to file a petition in terms of Kamala Rajaram before the Magistrate. It is needless to mention that the Magistrate will proceed further after considering the objection, if any, raised by the petitioner. Dated this the 26th day of August 2008. V. RAMKUMAR, (JUDGE) ani.