V. LATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two criminal revision petitions are filed by the complainant challenging the common order dtd. 11/9/2018 passed by the Court of LXXI Addl. City Civil & Sessions Judge, Bengaluru City (CCH-72) in Criminal Revision Petition Nos.903/2017 & 904/2017, wherein the order dtd. 8/11/2017 passed by the learned II Addl. Chief Metropolitan Magistrate, Bengaluru, in C.C.No.29760/2015 was set aside and the application filed by the respondents herein under Sec. 239 Cr.PC seeking discharge was allowed.

(2.) Heard the learned Counsel for the petitioner and also the learned Counsel appearing for the respondents.

(3.) Brief facts of the case as revealed from the records that would be necessary for the purpose of disposal of these two petitions are, the petitioner herein had lodged a complaint on 3/5/2015 against her husband (accused no.1) and in the said complaint, she had also arrayed her father-in-law, mother- in-law, sister-in-law and the husband of the sister-in-law as accused nos.2 to 5. In the said case, the police after investigation had filed charge sheet against all the accused and the case was registered in C.C.No.29760/2015. Accused nos.2 to 5 had filed application under Sec. 239 Cr.PC seeking their discharge in the said case. The said application was rejected by the learned Magistrate on 8/11/2017. Being aggrieved by the said order, accused nos.2 & 3 had filed Crl.Rev.Petition No.903/2017 and accused nos.4 & 5 had filed Crl.Rev.Petition No.904/2017 before the Revisional Court. The Revisional Court by a common order dtd. 11/9/2018 has allowed the aforesaid two revision petitions and consequently, accused nos.2 to 5 were discharged in C.C.No.29760/2015 which was pending before the II Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Ss. 498-A , 506 read with 34 IPC and Ss. 3 and 4 of the Dowry Prohibition Act. Challenging the said order dtd. 11/9/2018, the complainant has preferred these two revision petitions.