PREMA LATHA Vs. MADHUSOODHANAN NAIR

JUDGEMENT

(1.) PETITIONER is the defacto complainant in Crime No.251 of 2010 of Pothencode Police Station and CW1 in C.C.No.628 of 2010 of the court of learned Judicial First Class Magistrate-1, Attingal. Accused in that case are alleged to have committed offences punishable under section 143, 147, 148, 323, 354 and 326 r/w s.149 of the Indian Penal Code (for short 'the code'). The case is that in connection with unloading of building materials on 6.5.2010 at about 3.30 p.m., accused formed themselves into unlawful assembly, committed rioting armed with deadly weapons and voluntarily caused hurt/grievous hurt to Cws.1 to 3 and outraged modesty of CW1. Accused were arrested and released on bail. First accused filed a private complaint against petitioner and two others which was forwarded to the police for investigation under section 156(3) of the Code of Criminal Procedure Code (for short Cr.P.C.) and the police registered Crime No.327 of 2010 against petitioner and others for offence punishable under sections 323, 324 r/w s.34 of the Code. Learned Public Prosecutor submitted that a final report has been submitted in that case and the case is taken on file as C.C.No.682 of 2010 of the court of learned Judicial First Class Magistrate-1, Attingal.

(2.) GRIEVANCE of petitioner in this proceedings is that some of the eye witnesses to the incident were not questioned or cited as witnesses by the Investigating/Charging Officer. Therefore petitioner seeks a direction for further investigation in Crime No.251 of 2010. Learned Counsel submitted that questioning of eye witnesses was purposefully omitted by the Investigating/Charging Officer.