ROSHAN DALVI, J.

1. The Petitioner has challenged the order of Sessions Court, Mumbai dated 4th July, 2007 allowing the Revision Application No.1261 of 2007 against the order of the learned Addl. Chief Metropolitan Magistrate (ACMM), 40th Court, Girgaum, Mumbai refusing to discharge the accused in the case, Respondent No.2 herein of offences punishable U/s.363 and 506 (ii) of Indian Penal Code (IPC) upon seeing a prima facie case also U/s.366 of the IPC and accordingly committing the case to the Sessions Court. By the impugned order the Judge, Sessions Court, Mumbai set aside the order of the learned ACMM dated 3rd October, 2006 and discharged Respondent No.2 not only in respect of offence U/s.366 of IPC, which was prima facie seen by the Magistrate, but also Section 363 and 506 (ii) of IPC and consequently the order of committing the case to the Sessions Court itself and remanding the case for being tried by the learned Magistrate's court for the remaining charges U/s.323, 324, 342, & 354 of IPC.

2. The incident from which the offences emanated took place on 6th September, 2003 / 7th September, 2003. The Petitioner and Respondent No.2 were friends and in a relationship. O