P. Ubaid, J.:— The petitioner herein is the first accused in C.C No. 567 of 2013 of the Judicial First Class Magistrate's Court, Ettumanoor, involving the offence under Section 498A IPC. He made an application before the learned Magistrate for discharge under Section 239 Cr.P.C as CMP No. 8083 of 2014. He sought discharge mainly on the ground that cognizance taken without the required sanction under Section 188 Cr.P.C is bad in law. The learned Magistrate heard both sides, and dismissed the said application on 05.02.2015 The said order disallowing discharge is under challenge in this revision.
2. On a perusal of the entire materials including the allegations in the complaint that led to cognizance under Section 498A IPC, I find that the complainant has made allegations of cruelty against the petitioner herein, that she had been mentally and physically harassed by demanding more dowry and ornaments and otherwise, from the first day of marriage. Thus the complaint contains allegations of cruelty made here, and also abroad. This is not a case where the complaint alleges acts of cruelty abroad alone. The learned Magistrate rightly found that the cruelty alleged in the complaint is a continuous one which started here, and continued when the victim went to USA also. In such a situation, cognizance will not be barred under Section 188 Cr.P.C The revision petitioner does not urge any other ground for discharge. On a perusal of the entire materials including the complaint, the learned Magistrate found that there are materials to frame a charge under Section 498A IPC, and accordingly disallowed the request for discharge under Section 239 Cr.P.C I find no scope or reason for interference in the order passed by the court below disallowing discharge. The learned counsel for the petitioner made a request to grant him exemption from personal appearance. This is a matter to be decided by the trial court. Being a person employed abroad, it is definite that he will have difficulties and problems, if his personal appearance on all posting dates is insisted. His request for exemption will be appropriately considered by the learned Magistrate after he is released on bail.
3. In the result, this Criminal Revision Petition is dismissed as meritless. However, the court below is directed to try, and dispose of the case as expeditiously as possible.