This revision is directed against the order dated 22.11.2011 whereby the application for discharge was partly rejected holding that no prima facie case is made out for the offence under Section 304A IPC however the trial court held that prima facie case is made out for the offence under Section 498A IPC.

2. Learned counsel for the petitioner has submitted that F.I.R was instituted under sections 302,498A and 34 IPC against the petitioner-Hitesh Verma and his parents, namely, Kirti Prasad Verma and Sarojbala Verma. That after investigation charge-sheet was submitted exonerating the parents of the charges for the offence under Section 498A and 302 IPC, however, investigation was kept pending against the petitioner whereafter, charge-sheet was submitted under Section 498A and 304 IPC. It is urged that by the impugned order the trial court discharged the petitioner for the offence under Section 304A IPC but rejected the petition for discharge for the offence under Section 498A IPC. That on the application of the petitioner further investigation was ordered in terms of Section 173(8) Cr. P.C. and the matter was investigated by the C.I.D and the Investigating Officer of the presen