Sudarsana Das vs State Of Kerala on 18 March, 2008

Kerala High Court

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 790 of 2008()


1. SUDARSANA DAS, S/O.CHELLAPPAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/03/2008

 O R D E R
                            V. RAMKUMAR , J.
               ==========================
                         Crl.R.P. No. 790 of 2008
               ==========================
                 Dated this the 18th day of March, 2008.
                                 ORDER

The petitioner, who is the accused in C.C. No. 188 of 2005 on

the file of the Judicial First Class Magistrate-II, Nedumangad for an

offence punishable under Section 420 IPC, challenges Annexure IV

order dated 08.08.2007 passed by the Magistrate refusing to discharge

the petitioner under Section 239 Cr.P.C.

2. In as much as the Magistrate has found a prima facie case for

framing charge against the petitioner, this Court sitting in revision will

be loath to interfere with the said finding of the Magistrate. The only

course now open to the petitioner is to face the trial. The learned

counsel for the petitioner seeks permission to claim the personal

exemption. He is free to move the Magistrate for personal exemption

and in case a question of identity of the petitioner does not arise and

the petitioner files an undertaking before the court below to the effect

that he will not raise any question of identity, the Magistrate shall

exempt him from the personal appearance during the trial of the case

unless his personal appearance is found inevitable at any stage of the

trial.

This Crl.R.P is disposed of as above.

V. RAMKUMAR, JUDGE.

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