IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1136 of 2003()
1. N.ANGRAMUTHU, NO.5-99,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :12/06/2009
O R D E R
THOMAS P.JOSEPH, J.
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CRL. R.P. NO.1136 of 2003
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Dated this the 12th day of June, 2009
O R D E R
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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.
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CRL. R.P. NO.1136 OF 2003
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O R D E R
12TH JUNE, 2009