ORDER :

P. Keshava Rao, J.

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 Sub-Inspector 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.

4. Learned counsel appearing for the petitioner, contended that the order of the learned magistrate, in dismissing the petition filed under Section 239 Cr.P.C. is perverse to the facts and evidence available on record and the same is liable to be set aside. There is no prima facie case to frame charges against the petitioner for the alleged offences. According to the second respondent, the petitioner married her 27 years back and lived together only for three years and blessed with son. Thereafter, the petitioner deserted her. In fact, no dates and events are mentioned and there is no allegation of harassment for any illegal demands including the dowry to attract the provisions of Section 498-A IPC. Learned Magistrate without appreciating the facts in a proper perspective, in a casual and mechanical manner, dismissed the petition. He also contended that a perusal of the contents of the F.I.R. and the statements of list of witnesses, would not make out any prima facie case for commission of any offence, much less, the offences as alleged against the petitioner and the complaint is bereft of material particulars. The learned Magistrate also ought to have appreciated that the petitioner married one Aparna Madavi daughter of Babu Rao Madavi, Ex. Minister of Maharashtra State on 12.01.1994 at Nagpur and they were blessed with two sons aged 22 and 20 years respectively. The offence under Section 498-A IPC is barred by limitation prescribed under the Code of Criminal Procedure. At least, on that ground, the learned magistrate ought to have allowed the petition filed under Section 239 Cr.P.C. The learned cou