K.Gireesan vs State Of Kerala on 12 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3942 of 2007()


1. K.GIREESAN, S/O. K.V.RAMAN MENON,
                      ...  Petitioner
2. M.B.MOHAN, S/O. BHASKARAN,
3. PRAKASH VASUDEVAN,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.M.C.JOHN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :12/11/2007

 O R D E R
                          V. RAMKUMAR , J
            ==========================
                   CRL. R.P. NO. 3942 OF 2007
            ==========================
           Dated this the 12th day of November, 2007.

                              ORDER

The petitioners three in number are accused Nos. 1 to 3 in

C.C. No. 102/2005 on the file of Judicial First Class Magistrate-II,

Thamarassery. The offences alleged against the petitioners are

under Sections 27(1)(e)(i)(ii)(iii) and (iv) of the Kerala Forest Act

r/w Section 2(ii)(iv) of the Forest (Conservation) Act, 1980. The

order impugned in this revision is one dated 09.10.2007 passed

by the Judicial First Class Magistrate-II, Thamarassery refusing to

entertain the application filed as C.M.P. No. 3618/2007 by the

petitioners seeking discharge. As rightly observed by the

Magistrate when once the charge has been framed against the

accused, there cannot be any discharge. Hence the petition filed

as C.M.P. No. 3618/2007 by the revision petitioner before the

court below was dismissed. No interference was called for in the

matter.

2. No doubt, the revision petitioners have a contention that

even after the cognizance by the criminal court the offences are

CRL.R.P. NO. 3942/2007 : 2:

compoundable by the department under Section 68 of the Kerala

Forest Act 1961. That is a matter which the petitioners can

separately request the Magistrate to consider. If the petitioners

file an application for compounding under Section 68 of the Act,

the feasibility of composition as contended by the revision

petitioners can be considered by the Magistrate. Hence, without

prejudice to the right of the revision petitioners to move the

Magistrate for permission (if it is necessary) to compound the

offence, this revision is dismissed.

Issue carbon copy.

V. RAMKUMAR, JUDGE.

rv

CRL.R.P. NO. 3942/2007 : 3: