The revision petitioner herein filed a final report before the learned Judicial Magistrate-I, Erode, against five accused in which the respondent herein is the fifth accused, for offences under Sections 364, 302 r/w 34, 201, 203, 218, 465 and 471 IPC. The 5th accused /respondent herein filed a petition under Section 218 and 223(d) Cr.P.C before the learned Magistrate in Crl.M.P.No.415 of 2006 praying for discharge and the said petition was allowed on 28.04.2006 and subsequently the case was ordered to be committed to the Sessions in respect of only the accused 1 to 4. Aggrieved by the order of the learned Magistrate for not committing the 5th accused along with the other accused to the Sessions Court, this revision petition has been preferred.

2. The final report was filed against accused 1 to 3 for the alleged offences under Sections 364 and 302 r/w 34 and 201 IPC and against the 4th accused for the alleged offence under Section 203 IPC and against the 5th accused/respondent herein for the alleged offence under Sections 218, 465 and 471 IPC.

3. The learned Magistrate discharged the 5th accused stating that the 5th accused cannot be tried along with the other accused 1