S.N. SATYANARAYAN, J.

1. The complainant in C.C. No.709/2009 (P.C. No.527/2007) on the file of JMFC., III Court, Belagavi, has come up in this revision petition impugning the order dated 24.03.2010 passed by the IV Additional District and Sessions Judge, Belagavi, in Criminal Revision Petition No.325/2010.

2. The brief facts leading to this second revision petition are as under:

2.1 For the sake of convenience, the parties are referred to by their respective rank before this Court.

2.2 The petitioner is the father-in-law and respondent is his daughter-in-law i.e, the wife of the petitioner's son Mr. Santosh Kangralkar. The records would indicate that the marriage between the respondent and the petitioner's son, Mr. Sanotsh Kangralkar, took place on 17.02.2002 at Shahapur, Belagavi. Admittedly, at the time of marriage, the petitioner's son was working as a Technical/Scientific Officer in E.C.I.L, a Government of India Enterprise, at Hyderabad. After the marriage, it is stated that the petitioner's son and the respondent had set up their matrimonial house in Hyderabad for sometime and thereafter, differences arose between them resulting in the separation of the parties and each one is living separately.

2.3. When the matter stood thus, the respondent has filed a petition seeking maintenance in Crl.Misc. No.75/2004 before the Family Court, Belagavi. The petitioner's son has filed petition in O.P. No.466/2004 on the file of Senior Civil Judge, Rangareddy District, for the relief of decree of divorce under Section 13(1-a) and (1-b) of the Hindu Marriage Act, 1955. The respondent has filed another petition in M.C. No.36/2005 on the file of Family Court, Belagavi, seeking restitution of conjugal rights. The petition for decree of divorce was filed by the petitioner's son initially at Hyderabad and subsequently, on the petition filed by the respondent before the High Court of Judicature, Andhra Pradesh, seeking transfer of the proceedings, the same was transferred to the Family Court, Belagavi, and it is now numbered as M.C. No. 117/2007.

2.4. In the meanwhile, the respondent learnt that there was an attempt on the part of the petitioner herein and his family members to search a bride to get Mr. Santosh Kangralkar, married for the second time. Since matrimonial disputes between the respondent and petitioner's son were pending consideration before the Family Court, she got published a public notice on 11.05.2007 in 'Tarun Bharat', Marathi daily newspaper, having wide circulation in Belagavi, intimating the general public that the marriage between Mr. Santosh Kangralkar and the respondent is still subsisting and they should not enter into marriage with him as the same would be illegal and amount to an offence of bigamy.

2.5 The publication of the said notice was taken seriously as defamation of the petitioner and he has filed a private complaint numbered as 527/2007 under Section 200 of the Criminal Procedure Code, 1973, against the respondent on the file of JMFC., III Court, Belagavi, for the offences punishable under Sections 500 and 504 of the Indian Penal Code, 1860, alleging that on account of respondent's adamant attitude, there was discord between his son, Mr. Santosh Kangralkar, and the respondent and subsequently, she has deserted his son and during the pendency of matrimonial disputes between his son and the respondent before the Family Court, Belagavi, she has issued the said public notice making false allegations against the petitioner and his family with an intention to defame and bring disrepute to them.

2.6 The learned Magistrate after recording the sworn statement of the complainant, who is petitioner herein and his witnesses, has ordered for registration of the criminal case in C.C. No.709/2009 against the accused - respondent herein for the offences punishable under Sections 500 and 504 of the IPC and issuance of summons to her returnable by 04.07.2009. On 04.07.2009, since summons issued to accused - respondent herein