PUSHPA Vs. RUKMINI DEVI

JUDGEMENT

(1.) The present petitioner is the complainant in C.C.No.69/2011 pending on the file of learned IV Addl. Senior Civil Judge and JMFC, Mysuru (for brevity, "the Trial Court") for the offences punishable under Ss. 506, 498-A read with Sec. 34 of the Indian Penal Code (for short, "IPC") and under Ss. 3 and 4 of the Dowry Prohibition Act, 1961. The said complainant was examined as P.W.1 in the said case. During the course of trial, it appears that she has made certain allegations against the present respondents also in the alleged commission of the crime. This made the prosecution to file an application under Sec. 319 of Cr.P.C. seeking their impleading as accused Nos.2, 3 and 4 respectively.

(2.) The Trial Court by its impugned order date 4/10/2018 allowed the application and the sisters of the accused i.e. the present respondents herein were made as accused Nos.2, 3, and 4 in the said criminal case. Aggrieved by the same, those accused Nos.2, 3 and 4 preferred a Criminal Revision Petition before the learned V Addl. Sessions Judge, Mysuru (for brevity, "Sessions Judge's Court") in Crl.R.P. No.383/2018 under Sec. 397 of the Criminal Procedure Code (for short, "Cr.P.C") which Court by its Order dtd. 14/2/2019 allowed the said petition in part and set aside the Order dtd. 4/10/2018 passed by the Trial Court in C.C. No.69/2011. It is challenging the said Order, the de-facto complainant/P.W.1 has preferred the present criminal petition.

(3.) The petitioner and the respondents are being represented by their respective learned counsels. Though this matter is listed for admission, however, with the consent from both side, it is taken up for final disposal. Heard their arguments and perused the petition papers including the impugned Orders.