RAJAN Vs. STATE

JUDGEMENT

(1.) Petitioners, who are the accused No.1,2,3 and 5 respectively in the case in P.R.Case No.2 of 2003 on the file of the Court of Judicial Magistrate No.V, Salem, connected to Crime No.462 of 1999 of the respondent, have filed the above criminal original petition praying to quash the said case registered for offences punishable under Sections 147,307 and 323 IPC.

(2.) The grounds under which the criminal original petition has been filed by the petitioners are that this Cr.No.462 of 1999 in question actually arises out of Cr.No.463/1999 registered on the complaint of the first petitioner herein, about which nothing is heard till this day; that the defacto-complainant in the present case along with four others forcibly entered into the house of the first petitioner and overpowered the women-folk and snatched away gold chains besides the complainant threatening the first petitioner with murder posing a syringe said to contain orsenic poison if the balance money was not paid to him; that the first petitioner got frightened and knocked off the syringe held by the defacto-complainant; that in the said case, the defacto-complainant in the present case was arrested and remanded along with other accused on the same day; that the injuries alleged to have been received by the defacto-complainant were simple and the respondent police buttressed the case into one under Section 307 IPC as a counter blast to Crime No.463/1999 registered on the complaint lodged by the first petitioner.

(3.) The petitioners would further submit that the respondent police have not so far investigated the Crime NO.463 of 1999 nor cared to recover the gold chains snatched away by the defacto-complainant and his henchmen nor did they file the final report in spite of a lapse of four years and now they have come forward to charge-sheet the case against the petitioners under Sections 147,307 and 323 IPC in P.R.Case No.2/2003 after a delay of 3 1/2 years; that the other side have committed more heinous crime than what is contemplated against the petitioners, but it has gone without seeing the light of the day. On such grounds, the petitioners have come forward to file the above criminal original petition seeking to quash the case registered, charge-sheeted and taken on file in P.R.Case No.2/2003 on the file of the Court of Judicial Magistrate No.V, Salem.