POORNIMA ALIAS PURNESHWARI CHOUDHARY Vs. ISHWARI PATLE

JUDGEMENT

(1.) THE applicant has challenged the order dated 7.9.2010 passed by the Additional Sessions Judge to the Court of First Additional Sessions Judge Balaghat in Criminal Revision No.170/2009 whereby the application filed under Section 216 of Cr.P.C. by the respondents was accepted and the order dated 5.11.2009 passed by the JMFC, Balaghat in Criminal Case No.2577/2006 in favour of the applicant under Section 311 of Cr.P.C. was set aside.

(2.) THE brief facts relating to the present revision are that the applicant had filed a criminal complaint against the respondents before the trial Court. The complaint was registered for the offence punishable under Sections 323 and 294 of IPC. In the prosecution evidence, it was noticed that the respondents entered into the house of the complainant and threatened her, and therefore an application was moved that the charges for the offence under Sections 452 and 506 (Part -II) of IPC may be framed and it was also prayed that the FIR lodged under Section 155 of Cr.P.C. was misplaced, and it is received by the brother of the complainant on 16.8.2009, hence it was prayed that the concerned Head Constable may be called to prove the FIR and concerned doctor Prasad may also be called in the evidence.

(3.) THE learned Magistrate accepted the application filed under Section 311 of Cr.P.C. and directed to call Dr. Prasad in the evidence. Also the application under Section 216 of Cr.P.C. was allowed to amend the charges in the criminal revision filed by the respondents. The learned Additional Sessions Judge, Balaghat set aside the order dated 5.11.2009 passed by the learned JMFC, Balaghat.