KATTIKARA RAJAPPA Vs. STATE OF NYAMATTI POLICE DAVANGERE

JUDGEMENT

(1.) This Revision Petition is filed by the complainant challenging the order dated 8.9.2014 passed by the learned District and Sessions Judge in SC No.58/2013 whereby the application filed by the accused under Section 227 of Cr.PC., was allowed and the accused persons were discharged for the offence punishable under Section 109, 323, 307, 326, 325, 342 read with Section 34 of IPC.

(2.) The brief facts which are necessary for the disposal of the Revision Petition are as under:

(3.) The learned Magistrate after receipt of the private complaint, took cognizance of the same and then directed that a criminal case be registered against the accused for the offence punishable under Sections 342, 323, 324, 109 read with Section 34 of IPC. Thereafter, since the offences were triable by the Sessions Court, passed an order u/s.209 of Cr.PC., on 23.2.2013 and committed the case to the District and Sessions Court, Davanagere. Learned District Judge after securing the presence of the accused persons proceeded with the case in Sessions Case No.58/2013. At the time of framing of the charge, the accused persons filed an application u/s.227 of Cr.PC., seeking discharge of the accused persons for the alleged offences. Though the said application was opposed, the learned District Judge heard the matter and thereafter, the learned District Judge allowed the application u/s.227 of Cr.PC., and discharged the accused persons. While passing such an order, the materials placed by the accused persons were also taken into account by the learned District Judge and therefore, found that there is no prima facie materials to proceed against the accused persons and discharged the accused persons. It is that order which is challenged in this Revision Petition.