R SURESH Vs. M RANCHIMUTHU SELVI

JUDGEMENT

(1.) The brief facts of the case are as follows:-

(2.) The accused had filed a counter statement stating that as an after thought, the complainant has filed the amendment petitions on frivolous grounds. As per the defacto complainant's complaint dated 24.05.2008, the case has been registered in Crime No.1 of 2008 for the offence under Sections 498(A), 506(ii) of IPC r/w Section 4 of Dowry Prohibition Act. The ingredients of the complaint made by defacto complainant does not warrant that the offence should be covered under Section 307 IPC. The same issue has not been raised at the time of filing charge sheet. Now, the prosecution case is at a partly heard stage and the case has been posted for cross examination of prosecution witnesses. Therefore, there is no prima facie case in the said petition.

(3.) On considering the averments of both parties, the learned Magistrate allowed the amendment petition and framed the offence committed by the accused as one under Section 498(A) and Section 4 of Dowry Prohibition Act r/w Section 4 of Tamil Nadu Prevention of Women Harassment Act and also Section 307 of IPC. As such, the learned Magistrate held that the case has to be tried by the Sessions Court.