JUDGMENT :

SASHIKANTA MISHRA, J.

The petitioner is an accused in C.T. (SS) No 130 of 2010 of the Court of learned Additional Sessions Judge-cum-F.T.C., Dhenkanal. In the present revision, he seeks to challenge the order dated 12.01.2011 passed by learned court below in rejecting his application filed under Section 227 of Cr.P.C. for his discharge from the case.

2. The prosecution case, briefly stated, is that basing on an FIR lodged by one Rohita Samal and his wife Binapani on 16.05.2010, Motonga P.S. Case No. 88 of 2010 was registered under Sections 498-A/304-B/302 of IPC read with Section 4 of DP Act corresponding to G.R. Case No. 505 of 2010 of learned S.D.J.M., Dhenkanal, which has since been committed to the Court of Sessions.

3. It is alleged that the petitioner being the husband of one Rubi committed her murder by administering poison and that prior to the occurrence he along with his other family members had subjected the deceased to physical and mental cruelty in connection with demand for dowry. After commitment of the case to the court of Sessions, the accused-petitioner filed an application under Section 227 of Cr.P.C. to discharge him from the offences under Sections 302/3