A.C. Upadhyay, J.

1. This revision is directed against the order passed on 07.07.2009 by the learned Judicial Magistrate 1st Class, Pasighat in P.S. Case No. 02/09, in corresponding G.R. Case No. 02/09, under Sections 451/497 IPC, whereby the learned Magistrate discharged the accused purportedly in exercise of powers under Section 239 of the Code of Criminal Procedure.

2. The facts, leading to the filing of the criminal revision, may be stated in brief, as follows:

The petitioner lodged an Ejahar on 14.01.2009 stating therein that accused Shri Tapan Chandra Kar, JE, PWD, Pasighat, who was residing in an adjacent residential quarters, situated near Kalimandir, Pasighat, committed adultery/illicit sexual intercourse with his wife, namely, Smt. Minam Borang during his absence from Pasighat. It was also stated in the Ejahar that accused Shri Tapan Chandra Kar confessed the commission of adultery/illicit sexual intercourse with the wife of the petitioner during the absence of the petitioner from Pasighat. The petitioner also stated in the Ejahar that his wife, Smt. Minam Borong, confessed before him that the accused Shri Tapan Chandra Kar took undue advantage of his physical incapa