SATHISH S Vs. SMITHA B S

JUDGEMENT

(1.) This revision petition is filed by the petitioner/accused No.1 under Sec. 397 read with Sec. 401 of Crimial P.C. to set aside the order dated 29.07.2015 passed by the II Additional Sessions Judge, Mysuru, in S.C.No.75/2013, on the application filed by the accused/petitioner under Sec. 227 of Cr.P.C.

(2.) The petitioner is accused No.1 and respondent No.1 is the complainant and respondent No.2 is the State before the Trial Court. The ranks of the parties before the Court below are retained for the sake of convenience.

(3.) The factual matrix of the case of the prosecution before the Trial Court is that on 09.06.2012, Dr.B.S.Smitha-respondent No.1 herein lodged a complaint before the Police-respondent No.2 herein, to take action against her husband Dr.Sathish.S, who is accused/petitioner herein under Sections 498A and 307 of Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961 ('D.P.Act' for short). Based upon the complaint, the Police registered a case in Crime No.81/2012 for the offences punishable under Sections 498A and 307 read with Sec. 34 of Penal Code and Sections 3 and 4 of the D.P Act. Initially, the Police have shown the names of accused No.1 and his family members, in all seven in number, and after completion of the investigation and filing of the chargesheet, the Police deleted the names of the family members of the accused/petitioner and filed charge-sheet only against the accused/petitioner for the offences punishable under Sections 498A and 307 read with Sec. 34 of Penal Code and Sections 3 and 4 of the D.P. Act.