ARFATH BEGUM Vs. M I SHAJI

JUDGEMENT

(1.) The petitioner is the defacto complainant in Crime No.210 of 2006 of Chittoor Police Station. She had raised allegations against 5 accused persons, of which the 1st accused is her husband. Accused 2 to 5 are relatives of her husband. She had in fact raised the allegations in a private complaint filed by her before the learned Judicial First Class of the Magistrate, Chittur. That was referred to the police by the learned Magistrate. After investigation, the police had submitted a final report. In the final report, the police had reported that no offence is revealed against accused 2 to 5. Allegations were raised against the 1st accused under Section 498 A I.P.C. The learned Magistrate took cognizance of the offence alleged against the 1st accused and registered a case against the 1st accused only.

(2.) The short grievance raised by the petitioner in this case is that she is entitled to be heard before such a negative final report in so far as it relates to accused 2 to 5 arrayed by her in the complaint is accepted. Acceptance of the final report without and before giving notice to her to raise her objections amounts to negation of her rights to seek justice from the Court. The course adopted by the learned Magistrate is opposed to the principles laid down by superior Courts in various binding precedents. This in short is the contention raised.

(3.) Report of the learned Magistrate was called for. In the report dated 07.12.2006, the learned Magistrate has accepted the fact that the charge sheet, arraying only the 1st accused as an accused and without raising any charges against accused 2 to 5, was accepted without giving notice to the petitioner herein.