This revision has been directed against the order passed in Crl.M.P. No. 4685/1992 in C.C. No. 382 of 1992, on the file of Judicial Magistrate No. 1, Kuzhithurai.

2. The Petitioner Harichandran, son of Joseph is the accused in CC No. 382 of 1992, on the file of Judicial Magistrate No. 1, Kuzhithurai on the charge sheet filed by the respondent/Police, Kaliakkavilai Police Station, Kanyakumari district, for the offences under Section 427 and 379 I.P.C. and Rule 21 of the Tamil Nadu Minor Mineral Concession Rules, 1959.

3. Copies of documents were furnished to the petitioner/accused. Thereafter an application has been filed by the petitioner in CC No. 382 of 1992, for discharge, contending that he is the absolute owner of the Six acres of patta land in S. Nos. 507/1, 507/2, and 507/3 in Vilsvancode village, Edapilankad, Madichal, Kanyakumari District, and that he is an agricuturist, doing agricultural work and of the six acres only three acres are cultivable and the rest of the area could not be cultivated, in view of the density of rocks and that these rocks were removed from the area and used as fencing material. He also contended in the said petition, that the petitioner