IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 865 of 2009()
1. PRASANNAN, VADAKKETHALAKKAL VEEDU,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.SUDHEESHKAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/03/2009
O R D E R
V. RAMKUMAR, J.
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Crl. R.P. No. 865 of 2009
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Dated this the 11th day of March, 2009.
O R D E R
The petitioner who is the 1st accused in Crime No. 571 of
2005 of Mavelikkara Police Station registered for offences
punishable under Sections 113, 120 B, 143, 147, 148, 149,
450, 427 and 307 r/w Section 149 IPC, challenges Annexure 1
order dated 15.10.2008 passed by the Assistant Sessions
Judge, Mavelikkara dismissing his application for discharge on
the ground that the involvement of the petitioner in the
criminal conspiracy punishable under Section 120 B IPC is
clearly made out.
2. It is too early to accept the petitioner’s contention
that the offence punishable under Section 307 IPC is not prima
facie made out and if so, the remaining offences are not
exclusively triable by the court of Session. The very fact that
the petitioner’s application for discharge has been dismissed
indicates that the learned trial Judge has found a prima facie
case for framing the charge against the accused including the
revision petitioner herein. The only remedy of the petitioner is
to stand trial and try to get an acquittal. I do not make any
Crl.R.P. No. 865/2009 : 2 :
observation on the merits of the case as the same will
adversely affect one party or the other. Hence, without
pronouncing any opinion on the merits of the case, this
revision is dismissed.
Dated this the 11th day of March, 2009.
V. RAMKUMAR, JUDGE.
rv
Crl.R.P. No. 865/2009 : 3 :