SAINAJ ABBASALI NALABAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petitioner is filed under section 397 read with sector 401 of Cr.P.C. questioning the legality, propriety and correctness of the order dated 20.02.2016 passed by the I Addl. Sessions Judge Vijayapura in Sessions Case No. 118/2014.

(2.) The brief facts of the case leading to filing of this revision petition are as follows:

(3.) The record reveal that accused Nos. 1 to 3 were tried for the offences under Sections 302 and 201 of IPC in Sessions Case No. 63/ 2012 on the file of I Additional Sessions Judge, Vijayapura and they were convicted for the said offences. However, accused No. 4 the present petitioner remained absent and the case against her was split up and S .C.No. 118/2014 was registered against her. Subsequently, the petitioner surrendered before the trial Court on 13.01.2016 and she was enlarged on bail. Thereafter, the petitioner filed application under section 227 of Cr.P.C., 1973 seeking to discharge her for the alleged offence. The prosecution opposed the said application. The trial Court after hearing both the parties dismissed the petition filed under section 227 of Cr.P.C., 1973 and directed the petitioner to face trial for the offences punishable under sections 120B, 302, 201 read with Section 34 of IPC. The petitioner has challenged the legality, propriety and correctness of this order in this revision petition.