In my 498A case during the trail (after Pw1 cross examination) CRLMP u/s 242 crpc filed by complainant/prosecution was dismissed in JFCM saying no where in 161 statements, FIR complaint mentioned regarding this allegation and it is an after thought. Now prosecution gone for revision in sessions court.
I would like to know to when an allegation is not mentioned in FIR, 161 Crpc statement even during PW1 deposition and bringing additional material ( to mark them as evidences)for an allegation which is not mentioned in the main case during trial, is it maintainable?
Any citations available to dismiss the revision
