K AYASREE Vs. STATE TAMILNADU

JUDGEMENT

(1.) SEEKING a re-investigation of the case in Crime No. 5 of 2003 on the file of the first respondent police, which was taken cognizance pursuant to the filing of the final report, by the learned Chief Metropolitan Magistrate, Egmore, Madras, in C. C. No. 10183 of 2003, by some other investigating agency, the petitioner has brought forth this O. P.

(2.) AFFIDAVIT in support of the petition and the counters filed by the respondents are perused.

(3.) IT is contended by the learned Counsel for the petitioner that she lodged a complaint against her husband and his family members, on the strength of which a case came to be registered by the first respondent police in Crime No. 5 of 2003 for the alleged offences under Sections 498-A, 406 of I. P. C. and Section 4 of the Dowry Prohibition Act; that at the time of the investigation, she requested the Investigating Officer to receive some documents which were essential to prove the guilt of the accused and were in her possession; that they informed her that they would receive it afterwards, and at that juncture, she filed a petition through her Counsel to assist the prosecution and also obtained a copy of the charge-sheet. Added further the learned Counsel that the names of the two of the accused namely Ramanujam and Jayakumar were not found in the charge-sheet, though they were shown as A-S and A-7 respectively in the F. I. R. ; that the statements recorded from the witnesses under Sec. 161 of Cr. P. C. and now produced before the lower Court, did not contain the true particulars; that the particulars found in the statements before the lower Court, were not given by the witnesses; that the prosecution purposely deleted AS and A-7 in the charge-sheet without any reason whatsoever; that the accused have filed a discharge petition before the lower Court, and it is pending, and under the circumstances, she has filed this petition for re-investigation. In support of her contention, the learned Counsel relied on the two decisions of the Apex Court one Hasanbhai Vaiibhai Qureshi v. State of Gujarat and Others and the other in Zahira Babibullah Sheikh and another v. State of Gujarat and others