ILLYAS AHEMAD Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case is filed under sections 397 and 401 Cr. P. C. assailing the orderdated26-2-2004in Crl. P. No. 59 of 2004 in S. C. No. 125 of 2003 on the file of the 4th additional M. S. J. Hyderabad wherein the said petition filed by the petitioner-accused under sections 227 and 228 Cr. P. C seeking to discharge him was dismissed.

(2.) THE petitioner herein is the accused who is the husband of the deceased by name amtul Mateen (hereinafter referred to as "the deceased" for the sake of convenience.)

(3.) THE petitioner-accused is facing the prosecution for the offences under section 498-A and 306 IPC in S. C. No. 1125 of 2003 on the file of the 4th Additional Metropolitan sessions Judge, Hyderabad. He filed crl. M. P. No. 59 of 2004 under Sections 227 and 228 Cr. P. C. praying for discharge on the ground that the averments contained in the dying Declaration based on which the F. I. R. was registered do not disclose any ground to proceed against him for the alleged offences and the statements recorded under section 161 Cr. P. C. during the course of investigation were the result of the subsequent deliberations.