A EBENEZER Vs. M MARY

JUDGEMENT

(1.) PETITIONER-DR. A. Ebenezer, Principal, Bishop Cotton Boys' School, bangalore, is the accused and respondent-Smt. M. Mary is the complainant in P. C. R. No. 450 of 1997 on the file of the learned Magistrate.

(2.) THIS petition under Section 482 of the Cr. P. C. by the petitioner is filed praying:

(3.) CERTAIN material facts leading to filing of the petition may be stated as under: on 24-3-1997, the respondent (hereinafter referred to as 'the complainant') filed her private complaint under Section 200 of the Cr. P. C. before the learned Magistrate against her petitioner husband (hereinafter referred to as 'the accused') alleging commission of offences by him under Sections 448, 324, 313 and 506-B of the IPC. On 10-4-1997, as borne out by the proceedings recorded in the order sheet of the Court below, cognizance for the said offences was taken by the learned Magistrate and the case was adjourned to a future date for recording the statements on cath of the complainant and her witnesses. On 21-5-1998, on the basis of the material placed on record by complainant, the learned Magistrate passed an order to register a criminal case against accused for offences punishable under Sections 313, 324, 448 and 506-B of the IPC and directed issuance of process against him. That order was challenged by the accused under Section 482 of the Cr. P. C. before this court in Criminal Petition No. 1769 of 1998. The said order impugned therein was found by the learned Judge bad in law. Therefore, the said cri, P. No. 1769 of 1998 was disposed off by his order dated 31-3-1999 quashing the said order dated 21-5-1998 and remitting the matter to the learned Magistrate to proceed in accordance with law, in view of the alleged offence under Section 313 of the IPC being exclusively triable by the Sessions Court, and to pass the fresh appropriate order on consideration of the complainant's material on record.