IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3185 of 2006()
1. USHA DEVADAS, W/O.DEVADAS,
... Petitioner
2. DEVADAS, S/O.PARUKKUTTY AMMA,
Vs
1. PREETHI, D/O.CHANDRALEKHA,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice A.K.BASHEER
Dated :31/10/2008
O R D E R
A.K.BASHEER, J.
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CRL.M.C.No.3185 OF 2006
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Dated this the 31st day of October, 2008
O R D E R
petitioners, who have been arraigned as accused in Crime
No.104/2006 of Pattambi Police Station, have preferred this
petition under Section 482 of the Code of Criminal Procedure
seeking to quash the above proceedings pending against them.
2. The above crime has been registered on the basis of
a complaint preferred by respondent No.1 herein alleging
commission of offences punishable under Sections 406,417 and
420 I.P.C read with Section 34 I.P.C. In fact, the above
complaint was forwarded by the Judicial Magistrate of First
Class, Pattambi to the police for investigation under Section
156(3) of the Code of Criminal Procedure.
3. The case of the defacto complainant, in a nut shell, is
that she and her mother who had been residing with accused
1 and 2 in their residence, wanted to purchase a residential
building of their own. Therefore, they handed over 15 fixed
deposit receipts standing in their name to the two accused
as instructed by them in order to purchase the building.
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According to the defacto complainant, the fixed deposit
receipts were encashed by the accused and a residential
building worth Rs.4,80,000/= was purchased. But she alleged
that a sum of Rs.12 lakhs was still due from the accused.
They had also refused to hand over the title deed in respect of
the residential building purchased in the name of the defacto
complainant and her mother.
I do not propose to refer to the other averments in the
complaint at this stage. In my view, the present petition filed
by the petitioners is wholly premature. It is true that the police
has registered the above crime on the basis of the complaint
forwarded by the jurisdictional Magistrate. The petitioners
have a definite case that they are innocent of the charge
levelled against them. The investigating agency will
undoubtedly unearth the real state of affairs and petitioners
will be charge sheeted only if the investigating agency finds
their complicity in the crime. In that view of the matter, I
do not find any reason to entertain this petition.
Therefore, the Crl.M.C is closed.
A.K.BASHEER, (JUDGE)
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