K RAGHU Vs. STATE

JUDGEMENT

(1.) CRIMINAL Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.287/2007 on the file of the Judicial Magistrate-II, Hosur and to quash the same.) The submissions made by Mr.I.Saravanan, learned counsel for the petitioner, by Mr.I.Paul Nobel Devakumar, learned Government Advocate (Crl. Side) representing the first respondent and by Mr.M.J.Jaseen Mohamed, learned counsel for the second respondent (subsequently impleaded party) were heard. The documents produced along with the petition and produced on either side at the time of hearing were also perused.

(2.) BASED on the complaint of the second respondent herein (de-facto complainant) lodged on the file of All Women Police Station, Hosur, a case was registered long back in 2006 as crime No.19/2006 against the petitioners herein and two other persons for alleged offences punishable under Sections 498-A and 506(i) IPC. After completion of investigation, a final report was submitted on 30.04.2007 alleging commission of offences punishable under Sections 498-A, 312 and 506(ii) IPC and also an offence punishable under Section 4 of Dowry Prohibition Act against six persons including the petitioners herein. The petitioners herein figure as accused Nos.3 to 6.

(3.) THE learned counsel for the second respondent has brought it to the notice of this court that the petitioners knew pretty well that the case was registered against them in 2006 itself and in fact they moved a petition for anticipatory bail and got an order in December 2006 itself. It has also been brought to the notice of this court that three witnesses were examined in 2007 itself and subsequently three more witnesses were examined and that only one witness remains to be examined. It has also been brought to the notice of this court that the petitioners deliberately omitted to cross-examine the witnesses and protracted the case to some extent and there after have come forward with the present petition belatedly with a view to drag on the case as long as possible.