THOTA SAMBASIVA RAO Vs. STATE OF A P

JUDGEMENT

(1.) That the sole accused in C.C. No.376 of 2006 on the file of the II Additional Chief Metropolitan Magistrate-cum-Mahila Magistrate, Vijayawada, Krishna District, aggrieved by the orders dated 10.8.2011 passed in Criminal M.P. No.1299 of 2011 and whereby his discharge petition was dismissed, has preferred this Criminal Revision Case assailing the said impugned order, inter alia, contending that the trial Court has failed to take contentions raised by him; that the defacto complainant, who is his wife, at the instigation of her parents preferred a false complaint against him for the offence under Section 498-A IPC; that the information gathered by the prosecution and the statements of the witnesses recorded under Section 161 Cr.P.C. do not disclose any prima facie case; that the trial Court failed to appreciate his further contention that his wife - de facto complainant left matrimonial home under her own volition by taking away their two sons and she has been residing at her parents place; that he did not harass or ill-treat his wife; that the trial Court also failed to appreciate the fact that on earlier occasion on a complaint given by his wife, a case was registered under Section 498-A IPC against him, his elder brother and mother in C.C. No. 118 of 2003 on the file of II Additional Judicial Magistrate of First Class, Machilipatnam, which resulted in acquittal.

(2.) Heard the revision petitioner in person as well as the learned Public Prosecutor.

(3.) It is submitted by both the sides that the trial schedule in C.C. No.376 of 2006 was fixed and summons were already dispatched to the witnesses and the trial is likely to commence shortly.