IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1078 of 2009()
1. SUJITH, AGED 28 YEARS,
... Petitioner
2. SADASIVA KURUP, AGED 70 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.M.T.SURESHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/03/2009
O R D E R
V. RAMKUMAR, J.
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Crl.R.P. No. 1078 of 2009
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Dated this the 26th day of March, 2009
O R D E R
Petitioners who are accused 1 and 2 in C.C. No.934/2007
of Judicial Magistrate of First Class-I, Pathanamthitta for
offences punishable under Sections 20, 21 and 23 of the Kerala
Protection of River Banks and Regulation of Removal of Sand
Act, 2001 challenge the order dated 12-2-2009 passed by the
learned Magistrate issuing process.
2. The contention of the petitioners that the aforesaid
offences are not made out against the petitioners cannot be
considered by this Court in a revision filed against the order
issuing process. The remedy of the petitioners is to plea for a
discharge with appropriate stage.
3. This revision is, accordingly, dismissed without
prejudice the right of the petitioners to plea for a discharge
before the learned Magistrate. In case the petitioners filing an
application for personal exemption, the learned Magistrate shall
allow the same for the purpose of considering the plea of
discharge raised by the petitioners.
V. RAMKUMAR,
JUDGE.
mn.