Y (CHANGED NAME) Vs. STATE & ANR

JUDGEMENT

(1.) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner to challenge the legality and correctness of an order dated 17.03.2015 of learned Addl. Sessions Judge in case FIR No.186/11 registered at PS C.R.Park whereby case committed to the Court of Sessions under Section 323 Cr.P.C. by the learned Metropolitan Magistrate was remanded with the directions to arrive at a fresh finding after recording victim (PW-3)'s statement completely whether it was a case triable by the Sessions. Petition is contested by respondent No.2 (hereinafter referred as 'accused').

(2.) I have heard the learned counsel for the parties and have examined the file.

(3.) Admitted position is that the accused was facing trial in a case registered vide FIR No.186/11 under Sections 506/509 IPC registered at PS C.R.Park before the Court of learned Metropolitan Magistrate. On 19.11.2012, he was charged for commission of the said offences. The complainant / petitioner examined herself as PW-3. On various dates, her examination-in-chief was partly recorded. In her Court statement, she levelled allegations of rape against the accused. The Trial Court vide its order dated 09.03.2015 came to the conclusion that the case should be tried by the Sessions Court and committed it under Section 323 Cr.P.C. The Sessions Court upon committal remitted the case observing that complete examination of the complainant was necessary to ascertain if it was just and proper to exercise powers under Section 323 Cr.P.C.