KOMARAM BALU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel appearing for the second respondent.

(2.) The present criminal revision case is filed questioning the order dated 22.09.2017 passed in Crl.M.P.No.267 of 2017 in C.C. No.134 of 2017 on the file of the Court of the Judicial Magistrate of First Class, Luxettipet, dismissing the petition filed under Section 239 Cr.P.C. to discharge the petitioner for the offences punishable under Sections 498-A and 506 r/w 109 IPC.

(3.) The brief facts of the case are that pursuant to the complaint, dated 9.02.2017 lodged by the second respondent before the SubInspector of Police, Dandepalli, a crime was registered vide FIR No.14 of 2017 for the offences under Sections 498-A and 506 r/w 34 IPC. It is the case of the second respondent that about 27 years back, she married the petitioner and it was a love marriage. After the marriage, they lived happily for a period of 3 years and they were blessed with a son. After the son was born, the petitioner started maintaining distance from her and she was being neglected. In that context, a panchayat was held in the presence of caste elders. The petitioner said to have undertaken to take care of his son after he completes 10th standard. However, as the petitioner is not coming forward to take care of them, when they approached the petitioner, he and his brothers threatened them. In fact, on 22.01.2017 when the 2nd respondent came to their village and asked him, he and his brothers abused them in filthy language and threatened to kill them. In those circumstances, since there is a threat to their lives, she filed the complaint. After investigation, a charge sheet has been filed against the petitioner for the offences under Sections 498-A and 506 IPC. The learned Magistrate after taking cognizance of the offences against the petitioner and other accused, numbered the case as C.C.No.133 of 2017. During the pendency of the said calendar case, the petitioner filed Crl.M.P.No.267 of 2017 under Section 239 Cr.P.C. to discharge him for the above said offences. The prosecution filed counter denying the petition averments and contested the same. After hearing, the learned magistrate was pleased to dismiss the said petition by orders dated 22.09.2017. Aggrieved by the said orders, the present criminal revision case is filed.