Dola Devi v. State Of Andhra Pradesh
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2331 of 2015 ORDER:
1. This petition is filed by the petitioner-de facto complainant against the order dated 13.8.2015 passed in Crl.M.P.No.2100 of 2015 in C.C.No.116 of 2011 by the Principal Junior Civil Judge, Bhimavaram.
2. The impugned application was filed by the petitioner under Section 319 Cr.P.C. seeking to add the sister of A1 as an accused. The trial Court dismissed the application. Aggrieved by the same, the petitioner filed this revision.
3. Heard and perused the material available on record.
4. The petitioner herein lodged a complaint against the family members of her husband for the offence under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. After completion of the investigation, the investigating agency filed charge sheet against A1 to A3 deleting the name of the sister of A1. Hence, the petitioner filed the impugned application to add the sister of A1. The learned trial Judge dismissed the above application on the following grounds: i.
The case pertains to the year 2011. The present application is filed in the year 2012, by which time, 11 witnesses were examined on behalf of the prosecution including the investigating agency. ii.
The petition filed by the petitioner does not reveal any allegations against the proposed accused.
iii.
The de facto complainant and others were examined much prior to filing of this petition. The approach of the petitioner at the fag end of the trial is not bonafide one.
iv.
None of the witnesses stated anything regarding involvement of the proposed accused.
5. Considering the above findings recorded by the trial Court, this Court is not inclined to interfere with the order under revision. Hence, the revision case is liable to be dismissed.
6. Accordingly, the Criminal Revision Case is dismissed. __________________ Justice Raja Elango
Dated: 9.10.2015 Nn.
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2331 of 2015
09.10.2015 Nn