K.MUNIVAHINI Vs. K.CHAKRAPANI

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 R/w 401 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') has been filed by the defacto complainant challenging the order dtd. 16/6/2022 passed by the Additional City Civil & Sessions Judge, FTSC-III, Bengaluru (for short, the 'Trial Court').

(2.) Heard the learned Senior Counsel for the petitioner, learned counsel for respondent no.1 and the learned High Court Government Pleader for respondent no.2-State.

(3.) Brief facts as revealed from the records that may be necessary for the purpose of disposal of this revision petition are, on the complaint of petitioner, a case was registered against the respondent no.1, who is her husband, in Crime no.47/2021 by Bommanahalli Police Station, Bengaluru for the offences punishable under Ss. 498(A), 354(A), 354(C), 376(2)(f) of IPC and under Sec. 4 and 6(N) of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). The police after investigation had filed a charge sheet against the respondent no.1 for the aforesaid offences and the case was numbered as Spl.C.C.No.649/2021 before the Special Court. In the said case an application was filed by the respondent no.1 - accused under Sec. 227 of Cr.P.C seeking discharge. The said application was dismissed by the Trial Court by order dtd. 14/2/2022. Thereafter, charges were framed against the respondent no.1 for the aforesaid offences. After framing of charges, the respondent filed an application under Sec. 216 of Cr.P.C, for altering the charges and a prayer was made to delete the charges framed by the Trial Court for the offences punishable under Ss. 376(2)(f) of IPC and Sec. 4 & 6(N) of the POCSO Act. The prosecution had not seriously opposed the said application before the Trial Court and the Trial Court by the order impugned dtd. 16/6/2022 had allowed the said application and being aggrieved by the same, the defacto complainant who is the mother of victim girl has approached this Court in this revision petition.