A R MOHAMMED ILYAS Vs. STATE OF KARNATAKA,

JUDGEMENT

(1.) I have heard the arguments of the petitioners' counsel and also the learned Addl. SPP for the respondent.

(2.) The factual matrix of the case is that the petitioners are accused Nos.1,5,7 and 8 and the case has been registered against these petitioners and other 4 accused persons in total 8 persons for the offences punishable under Sections 498A, 323, 504, 506(ii), 314, 315, 420 r/w Sec. 149 of Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

(3.) Accused No.2 is discharged when an application is made before the trial Court and accused Nos.3 and 4 also discharged and the case against accused No.6 is quashed by this Court and now only these petitioners are facing proceedings for the offences alleged against them. The contention of the petitioners before this Court is that these petitioners have filed an application under Sec. 228 of Crimial P.C. to delete Sec. 307 of Penal Code and the Court below giving an opportunity to the prosecution, rejected the application filed under Sec. 228 vide order dated 17/1/2018. It is contended that the very order passed as per Annexure-G is illegal and not sustainable under law and while rejecting the application, the Court below failed to take note of the materials placed on record and there are no any ingredients of Sec. 307 of Penal Code and the trial Court ought to have been allowed the application and sent the matter to the Magistrate to prosecute against the petitioners for other offences and the same has not been done and the very order impugned is bad in law and failed to appreciate the allegation made in the complaint and charge sheet.