Accused sought quashment of proceedings for allegedly taking Rs.50,000 promising foreign employment, taking the complainant to Dubai on a visit visa and failing to provide a job. The High Court found the elements of Section 420 IPC prima facie made out and dismissed the quashing petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
CRL.MC NO. 792 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.65 OF 2021 OF CHIEF
JUDICIAL MAGISTRATE PATHANAMTHITTA
PETITIONER/ACCUSED:
1 THOMAS GEORGE AGED 63 YEARS S/O GEORGE, CHARUNKAL VEEDU CHANDANAPPALLY, KODUMON PATHANAMTHITTA, PIN - 689648
BY ADVS. S.K.ADHITHYAN RAJESH KUMAR C. BHAVYA BINU
RESPONDENTS/STATE/COMPLAINANT & DEFACTO COMPLAINANT:
SRI.RENJT GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 792 OF 2023
2
O R D E R
Dated this the 7th day of June, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, to quash all further proceedings in C.C.No.65/2021 on the files of the Chief Judicial Magistrate Court, Pathanamthitta, arose out of crime No.1091/2019 of Kodumon Police Station. The petitioners herein are accused Nos.1 and 2 in the above case.
as the learned Public Prosecutor. Perused the available documents.
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CRL.MC NO. 792 OF 2023
argued to substantiate that there are no materials to constitute offence under Section 420 of IPC, it is submitted by the learned Public Prosecutor that the allegations, prima facie, would constitute the offence alleged and therefore, the matter shall go for trial and this is not a fit case for quashment.
trial. Therefore, this is not a fit case for quashment.
Accordingly, this Crl.M.C. stands dismissed.
Sd/A. BADHARUDEEN JUDGE
nkr
CRL.MC NO. 792 OF 2023
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APPENDIX OF CRL.MC 792/2023
PETITIONER ANNEXURES
ANNEXURE I CERTIFIED COPY OF THE FIR IN C.C NO. 65/2021 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA
ANNEXURE II CERTIFIED COPY OF FINAL REPORT IN CC NO.65/2021 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA
ANNEXURE III TRUE COPY OF THE ORDER IN BA NO. 7236/2019 DATED.27/11/2019
ANNEXURE IV TRUE COPY OF THE E-MAIL COMMUNICATION BETWEEN THE PETITIONER AND THE EXTERNAL AFFAIRS MINISTRY
1 issue framed by the court
Whether the allegations of taking money on a promise of foreign employment and sending the complainant back without a job prima facie constitute cheating under Section 420 IPC, warranting quashment of
3 provisions across 2 enactments
Thomas George
Renjini Thomas
The Station House Officer, Pathanamthitta Police Station
Prasanna Pankajashi
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
