THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL REVISION CASE NO.1042 OF 2009 23RD SEPTEMBER, 2009 BETWEEN: GALI PRADEEP KUMAR & ANOT .. PETITIONER AND STATE OF A.P. AND OTHERS .. RESPONDENTS THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL REVISION CASE NO.1042 OF 2009 O R D E R: This Criminal Revision Case is directed against the order dated 18-06-2009 passed in C.C.No.787 of 2007 in P.R.C.NO.14 of 2009 on the file of VI Additional Junior Civil Judge, Guntur. The petitioners are the accused in C.C.No.787 of 2007. 2nd respondent herein is the defacto complainant. A report came to be presented by the defacto complainant before the Station House Officer, Old Guntur (L & O) Police Station, Guntur, alleging, inter alia, that on 18.10.2007 at 8 A.M. the accused called L.W.2 Gali Jaya Kumar to come out from the house and thereby L.W.1 Yeleti Sharon Pushpa @ Sarvani Pushpa, wife of L.W.2 came out of the house. Then both the accused attacked L.W.1 and assaulted her and threatened her with dire consequences. She went to Guntur Hospital and got treatment for the injuries received by her in the hands of accused. L.W.8 Sk.Mohd.Ghouse, ASI received the report presented by L.W.1 and registered a case in Crime No.164 of 2007 under sections 323 and 506 IPC. After due investigation, L.W.10 A Ashok Kumar, S.I. of Police, Old Guntur, L & O, Police Station, Guntur, filed the charge sheet against the accused for the offences under sections 323 and 506 IPC. The VI Additional Munsif Magistrate, Guntur, took the charge sheet on file as C.C.No.787 of 2007. On appearance of the accused and on furnishing copies of the documents to them the learned Magistrate examined them under section 251 Cr.P.C putting the substance of accusations leveled against them. They denied the accusations and pleaded not guilty for the offences under sections 323 and 506 IPC. The defacto complainant while being examined as P.W.1 stated that A1 beat her and torn her jacket and whereas A2 caught hold of her turf and attacked her and abused her in filthy language. The learned Magistrate, after considering the evidence of P.W.1 proceeded to exercise power under section 323 Cr.P.C and committed the case to the court of Sessions as the offence punishable under section 354 IPC is exclusively triable by a Court of Session by an order dated 18.6.2009. The said order is assailed in this revision. Notice before admission came to be ordered on 1.7.2009. The 2nd respondent defacto complainant received notice and entered appearance through a counsel. Heard learned counsel appearing for the petitioners and learned Additional Public Prosecutor for R1-State and learned counsel appearing for 2nd respondent. Learned counsel appearing for the petitioners submits that even if the evidence of P.W.1 is taken into consideration in toto no ingredients of Section 354 IPC are made out and therefore the order passed by the trial Court committing the case to the Sessions division is not legal and proper and the same is liable to be set aside. Learned counsel appearing for the 2nd respondent supported the order impugned in the revision. I have gone through the evidence of P.W.1. She stated on oath that A1 tore her jacket and whereas A2 caught hold of her turf and attacked her and abused her in filthy language. Modesty of a women is intimately connected with the feminity including her sex. Bashfulness is another character of the feminity. Any attempt of assault on this aspect may amount to insulting the modesty. Section 323 of Cr.P.C empowers a Magistrate to commit the case to Sessions Division if it appears to him, at any stage of the proceedings, before signing the judgment that the case is one which ought to be tried by the court of Session. The evidence of P.W.1, prima facie, satisfies the essential ingredients of Sec.354 IPC. Therefore, the trial Court is justified in committing the case to Sessions Division. I do not see any illegality or irregularity in the order impugned in this revision. Accordingly, this Criminal Revision Case is dismissed at the admission stage. 23rd September, 2009. ( B.Seshasayana Reddy,J ) tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL REVISION CASE NO.1042 OF 2009 23RD SEPTEMBER, 2009