K.N. Purushan vs State Of Kerala on 12 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2172 of 2007()


1. K.N. PURUSHAN, AGED 58 YEARS,
                      ...  Petitioner
2. SABU P., AGED 33 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

3. MATHEW KURUVILA, AGED 52 YEARS,

                For Petitioner  :SRI.B.RENJITHKUMAR

                For Respondent  :SRI.C.K.VIDYASAGAR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :12/06/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
            CRL.M.C.No.2172       OF 2007
            ===========================

       Dated this the 12th day of June,2009

                        ORDER

This petition is filed under section 482 of Code

of Criminal Procedure to quash Annexure A1 complaint

and Annexure A2 First Information Report registered by

the Police, based on an order of the learned Magistrate

for investigation under section 156(3) of the Code of

Criminal Procedure, contending that no offence as

alleged is made out in the complaint and therefore the

proceedings is to be quashed. The Sub Inspector of

Police, Thodupuzha who is investigating the case filed

an affidavit stating that investigation revealed that

no offence under section 420 IPC is made out and in

view of the order of stay granted by this court no

refer report could be filed.

2. On hearing the learned counsel and going

through Annexure A1 complaint, it is clear that claim

of the third respondent de facto complainant, is that

he was cheated by failure to pay the amount by the

petitioner pursuant to an agreement entered into. The

ingredients of an offence under section 415 of Indian

Crl.M.C.2172/2007 2

Penal Code is necessary to constitute an offence under

section 420. The complaint does not reveal the ingredients

constituting the offence. It is admitted by the Public

Prosecutor also. In view of the submission of the learned

Public Prosecutor that based on the investigation only a

refer report could be filed, I do not find it necessary to

quash the proceedings invoking the powers under section 482

of the Code of Criminal Procedure.

Petition is disposed accordingly.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006